Health Net 2009 Annual Report Download - page 457

(c) Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any
actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers,
members or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual
partners, directors, officers, members or shareholders of Landlord or against Landlord’s members or partners or against any other
persons or entities having any interest in Landlord, or against any of their personal assets for satisfaction of any liability with respect
to this Lease. Any liability of Landlord for a default by Landlord under this Lease, or a breach by Landlord of any of its obligations
under the Lease, shall be limited solely to its interest in the Project, (including, but not limited to, its interest in any rent, profits or
insurance) and in no event shall any personal liability be asserted against Landlord in connection with this Lease nor shall any
recourse be had to any other property or assets of Landlord, its partners, directors, officers, members, shareholders or any other
persons or entities having any interest in Landlord. Tenant’s sole and exclusive remedy for a default or breach of this Lease by
Landlord shall be either (i) an action for damages, or (ii) an action for injunctive relief; Tenant hereby waiving and agreeing that
Tenant shall have no offset rights or right to terminate this Lease on account of any breach or default by Landlord under this Lease,
except as otherwise expressly set forth in this Lease. Under no circumstances whatsoever shall Landlord ever be liable for punitive,
consequential or special damages under this Lease and Tenant waives any rights it may have to such damages under this Lease in the
event of a breach or default by Landlord under this Lease.
(d) As a condition to the effectiveness of any notice of default given by Tenant to Landlord, Tenant shall also concurrently give
such notice under the provisions of Paragraph 17(b) to each beneficiary under a Security Document encumbering the Project of whom
Tenant has received written notice (such notice to specify the address of the beneficiary). In the event neither Landlord nor such
beneficiary cures any breach or default within the time period specified in subparagraph (b), then Tenant may pursue any remedy
therefor pursuant to the provisions of this Lease.
(e) In the event Landlord becomes bankrupt and Landlord’s obligations hereunder are not being performed by Landlord’s
receiver or trustee, Tenant may cancel the Lease upon sixty (60) days prior written notice to Landlord unless such receiver or trustee
rectifies such default within such sixty (60) day period.
(a) Tenant shall have the right to the nonexclusive use of the number of parking spaces located in the parking areas of the
Project specified in Item 13 of the Basic Lease Provisions for the parking of operational motor vehicles used by Tenant, its officers,
employees, contractors, vendors and invitees only. Landlord reserves the right, at any time upon written notice to Tenant, to designate
the location of Tenant’s parking spaces as determined by Landlord in its reasonable discretion. The use of such spaces shall be subject
to the rules and regulations adopted by Landlord from time to time for the use of the parking areas. Landlord further reserves the right
to make such changes to the parking system as Landlord may deem necessary or reasonable from time to time; i.e., Landlord may
provide for one or a combination of parking systems, including, without limitation, self-parking, single or double stall parking spaces,
and valet assisted parking. Tenant shall pay no fee or charge for its use of the parking areas. Tenant agrees that Tenant, its officers
and employees shall not be entitled to park in any reserved or specially assigned areas designated by Landlord from time to time in
the Project’s parking areas. Landlord may require execution of an agreement with respect to the use of such parking areas by Tenant
and/or its officers and employees in form reasonably satisfactory to Tenant as a condition of any such use by Tenant, its officers and
employees. A default by Tenant, its officers or employees in the compliance with such rules and regulations, or the performance of
such agreement(s) shall constitute a material default by Tenant hereunder. Tenant shall not permit or allow any vehicles that belong to
or are controlled by Tenant or Tenant’s officers, employees, suppliers, shippers, customers or invitees to be loaded, unloaded or
parked in areas other than those designated by Landlord for such activities. If Tenant permits or allows any of the prohibited activities
described in this Paragraph, then Landlord shall have the right, upon reasonable prior written notice, in addition to such other rights
and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be payable
upon ten (10) days written notice from `Landlord.
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18. PARKING; COMMON AREAS