Health Net 2009 Annual Report Download - page 453

(f) Interest. If any monthly installment of Rent or Operating Expenses, or any other amount payable by Tenant hereunder is not
received by Landlord by the date when due, it shall bear interest at the Default Rate from the date due until paid; provided, however,
that as to the first (1 ) late payment in any twelve (12) month period during the Term, no interest charge shall apply until ten
(10) days after written notice of delinquency. All interest, and any late charges imposed pursuant to Paragraph 12(g) below, shall be
considered additional rent due from Tenant to Landlord under the terms of this Lease.
(g) Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any
monthly installment of Basic Annual Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not
contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include,
without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms
of any mortgage, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any
monthly installment of Annual Basic Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by
Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late
charge, but in no event more than the maximum late charge allowed by law; provided, however, that as to the first (1 ) late payment
in any twelve (12) month period during the Term, no late charge shall apply until ten (10) days after written notice of delinquency.
The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any
late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the
payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to
compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s
delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the
overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at
law or in equity now or hereafter in effect.
(h) Rights and Remedies Cumulative. All rights, options and remedies of Landlord contained in this Paragraph 12 and elsewhere
in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Landlord shall have
the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law or in equity, whether
or not stated in this Lease. Nothing in this Paragraph 12 shall be deemed to limit or otherwise affect Tenant’s indemnification of
Landlord pursuant to any provision of this Lease.
(i) Tenant’s Waiver of Redemption. Tenant hereby waives and surrenders for itself and all those claiming under it, including
creditors of all kinds, (i) any right and privilege which it or any of them may have under any present or future law to redeem any of
the Premises or to have a continuance of this Lease after termination of this Lease or of Tenant’s right of occupancy or possession
pursuant to any court order or any provision hereof, and (ii) the benefits of any present or future law which exempts property from
liability for debt or for distress for rent.
(j) Costs Upon Default and Litigation. Tenant shall pay to Landlord and its mortgagees as additional rent all the expenses
incurred by Landlord or its mortgagees in connection with any default by Tenant hereunder or the exercise of any remedy by reason
of any default by Tenant hereunder, including reasonable attorneys’ fees and expenses. If Landlord or its mortgagees shall be made a
party to any litigation commenced against Tenant or any litigation pertaining to this Lease or the Premises, at the option of Landlord
and/or its mortgagees, Tenant, at its expense, shall provide Landlord and/or its mortgagees with counsel approved by Landlord and/or
its mortgagees and shall pay all costs incurred or paid by Landlord and/or its mortgagees in connection with such litigation.
Landlord reserves the right to use the roof and exterior walls of the Premises and the area beneath, adjacent to and above the
Premises, together with the right to install, use, maintain, repair, replace and relocate equipment, machinery, meters, pipes, ducts,
plumbing, conduits and wiring through the Premises, which serve other portions of the Building or the Project in a manner and in
locations which do not unreasonably interfere with Tenant’s use of the Premises. In addition, Landlord shall have free access to any
and all mechanical installations of Landlord, including, without limitation, machine rooms, telephone rooms and electrical closets.
Tenant agrees that there shall
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13. ACCESS; CONSTRUCTION
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