Health Net 2009 Annual Report Download - page 409

(c) Re-entry. If an Event of Default exists, Landlord shall also have the right, with or without terminating this Lease, to re-
enter the Premises and remove all persons and property from the Premises; such property may be removed and stored in a public
warehouse or elsewhere at the cost of and for the account of Tenant. No re-entry or taking possession of the Premises by
Landlord pursuant to this Section 3(c) shall be construed as an election to terminate this Lease unless a written notice of such
intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction.
(d) Remedies Cumulative; Waiver. All rights, options and remedies of Landlord and Tenant contained in this Lease or
provided by law or in equity shall be construed and held to be cumulative, and no one of them shall be exclusive of the other. No
waiver of any default hereunder shall be implied from any acceptance by Landlord of any Basic Rent, additional rent or other
charges due hereunder or any omission by Landlord or Tenant to take any action on account of such default, and no express
waiver shall affect any default other than as specified in said waiver. The consent or approval of Landlord to or of any act by
Tenant requiring Landlord’s consent or approval shall not be deemed to waive or render unnecessary Landlord’s consent or
approval to or of any subsequent similar acts by Tenant.
31. LATE CHARGE. If Tenant fails to pay any installment of Basic Rent, additional rent or other charges within ten (10) days
after the same are due, or fails to make any other payment for which Tenant is obligated under this Lease, then Tenant shall pay to
Landlord a late charge equal to five percent (5%) of the amount so payable; provided, however, that Tenant shall pay no late fee for
the first such late payment in any twelve (12) month period during the Term unless such failure continues for three (3) business days
after written notice to Tenant. Tenant acknowledges that late payments will cause Landlord to incur costs not contemplated by this
Lease, the exact amount of which costs are extremely difficult and impracticable to calculate. The parties agree that the late charge
described above represents a fair and reasonable estimate of the extra costs incurred by Landlord as a result of such late payment.
Such late charge shall not be deemed a consent by Landlord to any late payment, nor a waiver of Landlord’s right to insist upon
timely payments at any time, nor a waiver of any remedies to which Landlord is entitled hereunder. In addition, all amounts payable
by Tenant to Landlord hereunder, exclusive of the late charge described above, if not paid within ten (10) days after such amounts are
due, shall bear interest from the due date until paid at the rate of ten percent (10%) per annum or the maximum rate of interest
permitted to be collected by Landlord by law, whichever is the lesser; provided, however, that the first such late payment in any
twelve (12) month period during the Term shall not bear such interest unless such failure continues for three (3) business days after
written notice to Tenant.
32. TIME. Time is of the essence of each and every provision of this Lease.
33. QUIET ENJOYMENT. Landlord covenants to control its activities and personnel such that if and so long as Tenant pays the
rent and performs the covenants contained in this Lease, Tenant shall hold and enjoy the Premises peaceably and quietly, subject to
the provisions of this Lease.
34. TRANSFER OF LANDLORD’S INTEREST. In the event of any transfer or transfers of Landlord’s interest in the Project or
the Building, other than a transfer for security purposes only, Tenant agrees that Landlord shall be automatically relieved of any and
all obligations and liabilities on the part of Landlord accruing from and after the date of such transfer and Tenant agrees to attorn to
the transferee.
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