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(b) Time is of the essence of each and all of the <br />agreements, covenants and conditions of this Lease. <br />(c) Whenever in this Lease the consent or approval of <br />either Lessor or Lessee is required or permitted, the party <br />requested to give such consent or approval will act promptly and <br />will not unreasonably withhold its consent or approval unless <br />expressly provided otherwise herein. <br />(d) Contemporaneously with the execution of this <br />Lease, Lessor and Lessee will execute and acknowledge for <br />recordation in the Official Records of the County of Alameda a <br />Short Form Lease in the form of Exhibit E attached hereto. <br />(e) In the event of any action or proceeding at law or <br />in equity or in arbitration between Lessor and Lessee to enforce <br />any provision of this Lease or to protect or establish any right <br />or remedy of either party, the prevailing party shall be entitled <br />to all costs and expenses, including reasonable attorneys' fees, <br />incurred therein by such prevailing party, and if such prevailing <br />party shall recover judgment in any such action or proceeding, <br />such costs, expenses and attorneys' fees shall be included in and <br />as a part of such judgment. <br />(h) This instrument constitutes the entire agreement <br />between Lessor and Lessee with respect to the subject matter <br />hereof and supersedes all prior understandings, offers and <br />negotiations, oral or written. This Lease may not be amended or <br />modified in any respect whatsoever except by an instrument in <br />writing signed by Lessor, Lessee and, if required by any <br />Mortgagee, by Mortgagee and, if required by HUD, by HUD. <br />(g) This Agreement shall be construed in accordance <br />with, and governed by, the laws of the State of California. <br />C:GDLEASE.EHI -47- <br />