09-22-08 Special Called Regular Meeting of the La Porte Development Corporation Board of Directors

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Section 27.3 The liability of Landlord to Tenant for any default by Landlord under the terms of this Lease shall be limited solely to the proceeds of the sale on execution of the interest of Landlord in the Premises existing at the time any such liability is adjudicated; and Landlord shall not be personally liable for any deficiency or otherwise. Under no circumstances whatsoever shall Landlord ever be liable for consequential or special damages. This clause shall not be deemed to limit or deny any remedies which Tenant may have in the event of default by Landlord hereunder; which do not involve the personal liability of Landlord. Section 27.4 All remedies herein given to Landlord, including those not set forth but provided by law, shall be cumulative, and the exercise of one or more of such remedies by Landlord hereunder shall not exclude the exercise of any other consistent remedy. Any waiver by Landlord, express or implied, of any breach of any term, covenant or condition hereof, shall not be deemed a waiver of such term, condition or covenant for any subsequent breach or of any other term, covenant or condition hereof, and consent or approval shall not be deemed to waive or render unnecessary consent to approval of any sub-sequential or similar act. Acceptance of Rent by Landlord from Tenant or any assignee, subtenant, or other successor in interest of Tenant, or the payment or tender of any Rent to Landlord, with or without notice, shall never be construed as a waiver of any breach of any term, condition or covenant of this Lease. The failure of Landlord to declare any Event of Default upon the occurrence thereof or any delay by Landlord in taking action with respect thereto shall not waive such default, but Landlord shall have the right to declare such default at any time and to take such action as may be authorized hereunder to the extent herein provided. . Section 27.5 Whenever a period of time is herein prescribed for action to be taken byLandlord, Landlord shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, government laws, regulations or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of Landlord. Section 27.6 Tenant agrees that it will from time to time upon request by Landlord execute and deliver to Landlord within ten (10) days an Estoppel Letter or a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as so modified), that Landlord is not in default hereunder (or it Tenant claims Landlord is in default hereunder, specifying the claimed default with particularity) and including such other information as Landlord may designate. Section 27.7 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Lease. If any provision of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected thereby. Venue for any action under this Lease shall be in the County in which said Prem ises are located. Section 27.8 The captions used herein are for convenience only and do not limit or am plify the provisions hereof. Section 27.9 The terms, provisions and covenants contained in this Lease shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest and legal representatives, subject to provisions contained in this Lease limiting assignment. Section 27.10 This Lease contains the entire agreement between the parties, and no agreement shall be effective to change, modify or terminate this Lease, in whole or in part, unless such is in writing and duly signed by the party against whom enforcement is sought. Section 27.11 Tenant warrants that it has had no dealings with any broker or agent in connection with the negotiation or execution of this Lease, and Tenant agrees to indemnity Landlord and hold Landlord harmless from and against any and all costs, expenses or liability for commissions or other compensations or charges claimed by any broker or agent with respect to this Lease. (The remainder of this page left intentionally blank) Page -13- /)f