Health Net 2009 Annual Report Download - page 448

endorsement in favor of Tenant, or, in the event that such insurers cannot or shall not include or attach such waiver of subrogation
provision or endorsement, Tenant and Landlord shall obtain the approval and consent of their respective insurers, in writing, to the
terms of this Lease. Tenant agrees to indemnify, protect, defend and hold harmless each and all of the Landlord Indemnitees from and
against any claim, suit or cause of action asserted or brought by Tenant’s insurers for, on behalf of, or in the name of Tenant,
including, but not limited to, claims for contribution, indemnity or subrogation, brought in contravention of this paragraph. The
mutual releases, discharges and waivers contained in this provision shall apply EVEN IF THE LOSS OR DAMAGE TO WHICH
THIS PROVISION APPLIES IS CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD OR TENANT.
(f) Business Interruption. Landlord shall not be responsible for, and Tenant releases and discharges Landlord from, and Tenant
further waives any right of recovery from Landlord for, any loss for or from business interruption or loss of use of the Premises
suffered by Tenant in connection with Tenant’s use or occupancy of the Premises, EVEN IF SUCH LOSS IS CAUSED SOLELY OR
IN PART BY THE NEGLIGENCE OF LANDLORD, except as otherwise specifically set forth in this Lease.
(g) Adjustment of Claims. Tenant shall cooperate with Landlord and Landlord’s insurers in the adjustment of any insurance
claim pertaining to the Building or the Project or Landlord’s use thereof.
(h) Increase in Landlord’s Insurance Costs. Tenant agrees to pay to Landlord any increase in premiums for Landlord’s insurance
policies resulting from Tenant’s use or occupancy of the Premises for other than general office use.
(i) Failure to Maintain Insurance. Any failure of Tenant to obtain and maintain the insurance policies and coverages required
hereunder or failure by Tenant to meet any of the insurance requirements of this Lease shall constitute an event of default hereunder,
and such failure shall entitle Landlord to pursue, exercise or obtain any of the remedies provided for in Paragraph 12(b), and Tenant
shall be solely responsible for any loss suffered by Landlord as a result of such failure. In the event of failure by Tenant to maintain
the insurance policies and coverages required by this Lease or to meet any of the insurance requirements of this Lease, and if such
failure continues for a period of ten (10) days following written notice to Tenant, Landlord, at its option, and without relieving Tenant
of its obligations hereunder, may obtain said insurance policies and coverages or perform any other insurance obligation of Tenant,
but all costs and expenses incurred by Landlord in obtaining such insurance or performing Tenant’s insurance obligations shall be
reimbursed by Tenant to Landlord, together with interest on same from the date any such cost or expense was paid by Landlord until
reimbursed by Tenant, at the rate of interest provided to be paid on judgments, by the law of the jurisdiction to which the
interpretation of this Lease is subject.
(a) Subject to the provisions of this Paragraph 9, in the event the Premises, or access thereto, is wholly or partially destroyed by
fire or other casualty, Landlord shall (to the extent permitted by Law and covenants, conditions and restrictions then applicable to the
Project) rebuild, repair or restore the Premises and access thereto to substantially the same condition as existing immediately prior to
such destruction and this Lease shall continue in full force and effect. Notwithstanding the foregoing, (i) Landlord’s obligation to
rebuild, repair or restore the Premises shall not apply to any personal property, above-standard tenant improvements or other items
installed or contained in the Premises, and (ii) Landlord shall have no obligation whatsoever to rebuild, repair or restore the Premises
with respect to any damage or destruction occurring during the last twelve (12) months of the term of this Lease or any extension of
the term.
(b) Landlord may elect to terminate this Lease in any of the following cases of damage or destruction to the Premises, the
Building or the Project: (i) where the cost of rebuilding, repairing and restoring (collectively, “Restoration”) of the Building or the
Project, would, regardless of the lack of damage to the Premises or access thereto, in the reasonable opinion of Landlord, exceed
twenty percent (20%) of the then replacement cost of the Building; (ii) where, in the case of any damage or destruction to any portion
of the Building or the Project by uninsured casualty, the cost of Restoration of the Building or the Project, in the reasonable opinion
of Landlord, exceeds $500,000; or (iii) where, in the case of any damage or destruction to the Premises or access thereto by
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9. FIRE OR CASUALTY