Health Net 2009 Annual Report Download - page 412

under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment
obtained in any such proceeding, and shall include, specifically, all fees, costs and expenses of expert witnesses. For purposes of this
Section 38, the term “prevailing party” shall include a prevailing party as defined in California Code of Civil Procedure Section 998.
39. SURRENDER OF PREMISES. On expiration of the Term or the earlier termination of this Lease in accordance with its
terms, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order, condition and repair as required by
Section 10(d), with all of Tenant’s movable equipment, telecommunications and data equipment and wiring, furniture, trade fixtures
and other personal property removed therefrom. Tenant shall reimburse Landlord upon the expiration or earlier termination of the
Term of this Lease for the reasonable cost of removing all telecommunications and data cabling installed in the Premises by, or for
the use of, Tenant. Unless Tenant has obtained Landlord’s agreement in writing that it can remove an Alteration or item of Tenant
Improvements, or unless Landlord has elected to require pursuant to the provisions hereof that all or certain non-permanent
Alterations be removed by Tenant, all Alterations and Tenant Improvements shall be surrendered with the Premises in good condition
and repair, subject to reasonable wear and tear (but only to an extent consistent with the Premises remaining in good condition and
repair) and casualty damage that is not required to be repaired by Tenant hereunder. Any property of Tenant not removed hereunder
shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may store such property in Tenant’s name at
Tenant’s expense, and/or dispose of the same in any manner permitted by law. If Landlord desires to have the Premises, or any part or
parts thereof, restored to a condition that existed prior to installation of any non-permanent Alteration thereto, Landlord shall, subject
to the provisions of Section 10(c), so notify Tenant in writing not later than sixty (60) days prior to the expiration of the Term; and
upon receipt of such notice, Tenant shall, at Tenant’s sole cost and expense, so restore the Premises, or such part or parts thereof,
before the end of the Term. Tenant shall repair at its sole cost and expense, all damage caused to the Premises or the Project by
removal of Tenant’s movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or
required pursuant to the provisions hereof to remove from the Premises by Landlord. If, following the expiration or earlier
termination of this Lease, the Premises is not surrendered in the manner and condition herein specified, then: (i) Landlord may, after
ten (10) days written notice to Tenant, perform the obligations which Tenant failed to perform, and Tenant shall reimburse Landlord
for all expenses incurred by Landlord in performing such obligations, including an administration fee equal to ten percent (10%) of
the aggregate of such expenses, such reimbursement to be made within ten (10) days of the receipt by Tenant of a written request
from Landlord for such reimbursement, accompanied by reasonable evidence of the expenses incurred by Landlord; and (ii) Tenant
shall indemnify, defend, protect and hold Landlord harmless against all loss, liability, claim, cost or expense (including attorneys’
fees) resulting from or caused by Tenant’s failure in so surrendering the Premises in such manner or condition, including, without
limitation, any claims made by any succeeding tenant due to such failure, provided that such indemnity shall be effective only if such
failure continues for a period of greater than ninety (90) days following the expiration or earlier termination of this Lease.
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