Health Net 2009 Annual Report Download - page 417

(e) Liability of Landlord. Landlord’s obligations and liability to Tenant under this Lease shall be limited solely to
Landlord’s interest in the Project, and neither Landlord nor any of the members in Landlord, nor any officer, director, member,
shareholder or partner of or in Landlord or of any members in Landlord shall have or incur any personal liability whatsoever
with respect to this Lease.
(f) Management of Building. Landlord may elect to manage the Building on its own behalf, though an affiliate of Landlord
or pursuant to a management agreement with a third-party manager. Any management agreement with a third-party manager
shall provide that such manager shall operate the Building in a first-class institutional manner and in the most cost-effective
manner possible, in an effort to minimize Operating Expenses, consistent with providing first-class, institutional, high quality
services.
(g) Independent Covenants. This Lease shall be construed as though the covenants herein between Landlord and Tenant are
independent and not dependent and Tenant agrees that if Landlord fails to perform its obligations set forth herein, Tenant shall
not be entitled to make any repairs or perform any acts hereunder at Landlord’s expense or to any setoff of amounts owing
hereunder against Landlord, except as otherwise set forth in this Lease; provided, however, that the foregoing shall in no way
impair the right of Tenant to commence a separate action against Landlord for any violation by Landlord of the provisions
hereof so long as notice is first given to Landlord and any holder of a mortgage or deed of trust covering the Building or the
Project or any portion thereof, and an opportunity is granted to Landlord and such mortgage holder to correct such violations as
provided above.
(h) Waiver of Redemption by Tenant. Tenant hereby waives, for Tenant and for all those claiming under Tenant, any and
all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of
occupancy of the Premises after any termination of this Lease.
(i) Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or
invalidate any other provision hereof, and the remaining provisions hereof shall nevertheless remain in full force and effect.
(j) Force Majeure. Except as may be otherwise specifically provided herein, time periods for Landlord’s or Tenant’s
performance under any provisions of this Lease not involving the payment of money shall be extended for periods of time
during which the nonperforming party’s performance is prevented or delayed due to events or circumstances of Force Majeure.
For purposes of this Lease, “Force Majeure” shall mean events or circumstances beyond the applicable party’s reasonable
control, including, without limitation, strikes, embargoes, governmental regulations or procedures (including, without limitation,
governmental regulations or procedures related to the issuance of building or similar permits outside the ordinary expectations
of the parties), acts of God, weather, war or other strife. Tenant hereby waives and releases its right to terminate this Lease under
Section 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect.
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