Health Net 2009 Annual Report Download - page 413

40. HOLDING OVER. Tenant shall be permitted to hold over after the expiration or earlier termination of the Term for a period
of ninety (90) days with or without the express prior written consent of Landlord, at a rental rate equal to one hundred fifty percent
(150%) of the Basic Rent in effect upon the date of such expiration or earlier termination (subject to adjustment as provided in
Section 5 hereof and prorated on a daily basis), plus the additional rent and other charges in effect upon the date of such expiration. If
Tenant holds over after the expiration or earlier termination of the Term for a period of greater than ninety (90) days with or without
the express prior written consent of Landlord, Tenant shall become a tenant at sufferance only (but shall be given not less than three
(3) days’ notice to vacate the Premises), at a rental rate equal to two hundred percent (200%) of the Basic Rent in effect upon the date
of such expiration or earlier termination (subject to adjustment as provided in Section 5 hereof and prorated on a daily basis). Any
such holding over shall otherwise be subject to the terms, covenants and conditions herein specified, so far as applicable. Acceptance
by Landlord of rent after such expiration or earlier termination shall not result in a renewal of this Lease. If Tenant holds over after
the expiration or earlier termination of the Term without the express prior written consent of Landlord for a period of greater than
ninety (90) days, Tenant shall indemnify, defend and hold Landlord harmless from all loss or liability, including without limitation,
any claim made by any succeeding tenant founded on or resulting from such failure to surrender.
41. NON-WAIVER. Neither the acceptance of rent nor any other act or omission of Landlord at any time or times after the
happening of any event authorizing the cancellation or forfeiture of this Lease shall operate as a waiver of any past or future violation,
breach or failure to keep or perform any covenant, agreement, term or condition hereof, or deprive Landlord of its right to cancel or
forfeit this Lease, upon the notice required by law, at any time that cause for cancellation or forfeiture may exist, or be construed so as
to at any future time stop Landlord from promptly exercising any other option, right or remedy that it may have under any term or
provision of this Lease.
42. MORTGAGEE PROTECTION. In the event of any default on the part of Landlord, Tenant will give written notice by
registered or certified mail to any beneficiary of a deed of trust or mortgagee under a mortgage covering the Project or the Building
whose address shall have been furnished to Tenant, and shall offer such beneficiary or mortgagee a reasonable opportunity to cure the
default, including time to obtain possession of the Project or the Building by power of sale or a judicial foreclosure, if such should
prove necessary to effect a cure.
43. FINANCIAL STATEMENTS. Upon the written request of Landlord (which request shall not be made more than once per
calendar year during the Term) Tenant shall, within fifteen (15) days following such written request, furnish Landlord with financial
statements dated no earlier than one (1) year before the date of such written request, certified as accurate by Tenant, reflecting
Tenant’s then current financial condition, in such form and detail as is prepared by Tenant in its ordinary course of business.
44. CHANGES TO THE PROJECT. Landlord reserves the right at any time to make changes, alterations, reductions and
additions to the Project (including, without limitation, the right to change, add to, eliminate or reduce the extent, size, shape or
configuration of the Common Areas of the Project), including the construction of other buildings or improvements in the Project, the
leasing of space to restaurant uses, the building of additional stories on any building, without any liability or responsibility to Tenant.
Landlord will not block ingress and egress to the Premises. No rights to any view or to light or air over any property, whether
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