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<br />DRAFT: FOR DISCUSSION PURPOSES <br />DO NOT RECORD <br /> <br />16. Governing Law. This Lease shall be construed and interpreted in accordance with <br />and shall be governed and enforced in all respects according to the laws of the State of <br />California, without regard to conflicts oflaws principles. <br /> <br />17. Entire Agreement. This Lease contains the entire understanding of the parties and <br />supersedes any and all other written or oral understanding. No alteration of or amendment to this <br />Lease shall be effective unless given in writing and signed by the party or parties sought to be <br />charged or bound by the alteration or amendment. <br /> <br />18. Captions. Any captions or headings to the Sections and subsections in this Lease are <br />solely for the convenience ofthe parties hereto, are not a part of this Lease, and shall not be used <br />for the interpretation or determination of validity of this Lease or any provision hereof. <br /> <br />19. Severability. If anyone or more of the provisions contained in this Lease shall for <br />any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality <br />or unenforceability shall not affect any other provision hereof, and this Lease shall be construed <br />as if such invalid, illegal, or unenforceable term or provision had never been contained herein. <br /> <br />20. Further Assurances. Each party shall cooperate with the other and shall execute <br />such other documents as may be reasonably necessary to carry out the provisions of this Lease <br />including the providing of estoppel certificates. <br /> <br />21. No Waiver. Any waiver, consent or approval by either party of any breach, default <br />or event of default of any provision, condition or covenant of this Lease must be in writing and <br />shall be effective only to the extent set forth in writing. No waiver of any breach, default or <br />event of default shall be deemed a waiver of any later breach, default or event of default of the <br />same or any other provision of this Lease. Any failure or delay on the part of either party in <br />exercising any power, right or privilege under this Lease shall not operate as a waiver thereof, <br />nor shall any single or partial exercise of any such power, right or privilege preclude any further <br />exercise thereof. <br /> <br />22. Rights and Remedies. No right or remedy conferred by any of the specific <br />provisions of this Lease is intended to be exclusive of any other right or remedy given hereunder <br />or hereafter existing at law or in equity. The exercise of anyone or more rights or the election of <br />anyone or more remedies by any party shall not constitute a waiver of the right to exercise other <br />available rights or pursue other available remedies. <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and <br />through their authorized officers the day, month and year first written above. <br /> <br />III <br /> <br />III <br /> <br />III <br /> <br />Page 5 of6 <br /> <br />11/1812008 <br />