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With copies to Gubb & Barshay LLP 505 14L11 Street, Suite 450 Oakland, CA 94612 Attention Evan Gross M UFG Union Bank, N.A 200 Pringle Avenue, Suite 355 Walnut Creek, CA 94596 California Housing Finance Agency P.O Box 4034, MS 1420 Sacramento, CA 95814 Section 17 17 Counterparts. This Lease may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same agreement Section 17 18 Time of Essence Time is and shall be of the essence in this Lease Section 17 19 Attorneys' Fees In any litigation or other action brought to enforce this Lease or regarding a dispute over terms of the Lease or the performance of a Party, the prevailing party in such litigation or action shall be entitled to attorneys' fees and the costs of such litigation Section 17.20 No Third Party Beneficianes Except as expressly set forth herein, nothing contained in this Lease is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any nghts or remedies hereunder. Section 17 21 Parties Not Co-Venturers, Independent Contractor, No Agency Relationship Nothing in this Lease is intended to or shall establish the Parties as partners, co- venturers, or principal and agent with one another The relationship of Lessee and Lessor is and shall remain solely that of a tenant and landlord, and shall not be construed as anoint venture, equity venture, partnership or any other relationship Lessor neither undertakes nor assumes any responsibility or duty to Lessee (except as expressly provided in this Lease) or to any third party with respect to the Project SIGNATURES ON FOLLOWING PAGE 43 191\52\1656915 8 OAK#4834-9609-1684 v9