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ATTACHMENT A <br />BLP Partnership. Inc. <br />c/o L.vtton Gardens Senior Communities <br />437 Webster Street <br />Pale Alto, CA 94301 <br />Attn: President <br /> <br />or any other address as either Party may have furnished to the other in writing pursuant to the <br />requirements of this Section as a place for service of notice. Any notice so mailed shall be deemed <br />to have been given on the delivery, date, the date that delivery is refused by the addressee or the date <br />shown on the delivery, receipt as the date delivery was attempted if undeliverable, as shown on the <br />delivery receipt. <br /> <br />10.3 Recording <br /> <br /> Upon request by either the Lessor or the Lessee a Memorandum of Lease shall be executed <br />by the Parties in recordable form and shall be recorded in the official records of the jurisdiction in <br />which the Land is located. <br /> <br />10.4 Non-Waiver nf Flreach <br /> <br /> Neither the failure of the Lessor or the Lessee to insist upon strict performance of any of the <br />covenants and agreements of this Lease nor the failure by the Lessor or the Lessee to exercise any <br />rights or remedies granted to such Party under the terms of this Lease shall be deemed a waiver or <br />relinquishment (i) of any covenant contained in this Lease or of any of the fights or remedies of the <br />Lessee or the Lessor under this Lease, or (ii) or the right in the future of the Lessor or the Lessee to <br />insist upon and to enforce by any appropriate legal remedy a strict compliance with all of the <br />covenants and conditions of this Lease. <br /> <br />10.5 Attorney~' Feeq. <br /> <br /> If any action at law or in equity is brought to recover any rent under this Lease, or for or <br />on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions <br />of this Lease, or for the recovery of the possession of the Project or the Land, the prevailing party <br />will be entitled to recover from the other party, as part of the prevailing party's costs, reasonable <br />costs of such actions and attorney's fees, the amount of which will be fixed by the court and will <br />be made a part of any judgment or decree rendered. <br /> <br />10.6 l~ffective Date' C'mmterpartq <br /> <br /> This Lease shall become effective upon the commencement of the Lease Term. This Lease <br />may be executed in counterparts, each of which shall be an original and all of which shall constitute <br />the same instrument. <br /> <br /> 30 <br />144\105\153233.13 <br /> <br /> <br />