CA (CA)

SECTION 19.7.  No Punitive, Consequential or Indirect Damages.  No party shall be liable hereunder or in connection herewith for any punitive, consequential or indirect damages and any claim therefor is hereby waived.

SECTION 19.8.  Remedies Cumulative; No Waiver; Consents.  To the extent permitted by, and subject to the mandatory requirements of, Applicable Laws and Restrictions, each and every right, power and remedy specifically given to a party in this Lease or otherwise available to such party shall be cumulative and shall be in addition to every other right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute, and each and every right, power and remedy whether specifically herein given or otherwise existing may be exercised from time to time and as often and in such order as may be deemed expedient by such party, and the exercise or the beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other right, power or remedy.  No delay or omission by a party in the exercise of any right, power or remedy or in the pursuit of any remedy shall impair any such right, power or remedy or be

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construed to be a waiver of any default on the part of the other party or to be an acquiescence therein.  A party’s consent to any request made by the other party shall not be deemed to constitute or preclude the necessity for obtaining such party’s consent, in the future, to all similar requests.  No express or implied waiver by a party of any default on the part of the other party shall in any way be, or be construed to be, a waiver of any future or subsequent default on the part of such other party.

SECTION 19.9.  Attorneys’ Fees.  In the event that either Lessor or Lessee fails to perform any of its obligations under this Lease or in the event a dispute arises concerning the meaning or interpretation of any provision of this Lease, the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including court costs, costs of arbitration and reasonable attorneys’ fees (subject to the final sentence of the definition of “Arbitration Procedure”).

SECTION 19.10.  Lessor Right to Request Escrows During Continuance of Event of Default.  During the continuance of an Event of Default, Lessee, on not less than ten (10) Business Days’ notice from Lessor, shall make deposits to a trust account at a Qualified Depositary on a monthly basis of 1/12th of the annual amount for which Lessee is obligated hereunder on account of Covered Taxes and premiums to purchase the insurance required under Article XII. For so long as Lessee makes such deposits, Lessor shall be responsible for applying the same to the payment of Covered Taxes and such insurance, and Lessee shall be relieved of its obligations hereunder in respect thereof.  Within ten (10) Business Days after an Event of Default shall no longer be continuing, Lessor shall cause such deposited amounts, less any portion thereof applied to the payment of Covered Taxes and insurance premiums in accordance with the foregoing, to be returned to Lessee.   As used herein, “Qualified Depositary” shall mean a national or state bank selected by Lessor and having a Standard and Poor’s long-term unsecured credit rating of not less than “A” by S&P and a short-term unsecured debt obligation or commercial paper rating of not less than “A-1” by S&P.