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all prior and contemporaneous agreements, representations and understandings, oral or
<br />otherwise, between or among the parties with respect to the matters contained herein.
<br />(b) This Lease shall be binding upon, and more to the benefit of, the parties hereto
<br />and their respective heirs, legatees, distributes, legal representatives, successors and assigns,
<br />(c) This Lease shall not be modified, amended or supplemented, in whole or part,
<br />without the prior written consent of all parties hereto. Each and every waiver of any covenant,
<br />representation, warranty or any other provision hereof must be in writing and signed by each
<br />party whose interests are adversely affected by such waiver. No waiver granted in any one
<br />instance shall be construed as a continuing waiver applicable in any other instance.
<br />(d) If any legal action or other proceeding is brought for the enforcement hereof, or
<br />because of an alleged dispute, breach, default or misrepresentation in connection with any
<br />provisions hereof, the successful or prevailing party or parties shall be entitled to recover
<br />attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without
<br />limitation, all such fees, costs and expenses incident to appeals), incurred in that action or
<br />proceeding, in addition to any other relief to which such party or parties may be entitled.
<br />(e) The parties hereby agree that each party and its attorneys have reviewed and
<br />revised this Lease and that the normal rule of construction, to the effect that any ambiguities are
<br />resolved against the drafting party, shall not be employed in the interpretation of this Lease and
<br />no other, rule of strict construction shall be used against any party, All exhibits and schedules
<br />attached or to be attached hereto, and all other agreements and instruments referred to herein, are
<br />hereby incorporated herein by reference, as fully as if copied herein verbatim.
<br />(f) This Lease shall be governed by the internal laws of the State of California
<br />without regard to and excluding its principles of conflicts of laws.
<br />(g) The parties further agree that upon request, they shall do such fiirther acts and
<br />deeds, and shall execute, acknowledge, deliver and record such other documents and
<br />instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out
<br />the intent and purposes of this Lease.
<br />(h) Unless the context in which used clearly requires another construction, throughout
<br />this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the
<br />neuter gender shall include the masculine or both, and the singular of terms shall include the
<br />plural and vice versa. The section headings are for convenience only and shall not affect the
<br />construction hereof.
<br />(i) If any one or more of the provisions hereof shall for any reason be held invalid,
<br />illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
<br />affect the validity or enforceability of any other provision hereof, which shall be construed as if
<br />such invalid, illegal or unenforceable provision had never been contained herein. The parties
<br />intend that if any provision hereof is capable of two constructions, one of which would render
<br />the provision void and the other of which would render the provision valid, then the provision
<br />shall have the meaning which renders it valid.
<br />25G-21
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