OF THIS AGREEMENT, THE PREVAILING PARTY IN SUCH ACTION SHALL BE
ENTITLED TO RECOVER ALL REASONABLE COSTS (INCLUDING REASONABLE ATTORNEY'S FEES
AND PARALEGAL'S FEES) INCURRED IN CONNECTION THEREWITH AGAINST THE PARTY WHO HAS
BREACHED THIS AGREEMENT.
NOTWITHSTANDING A SETTLEMENT OR OTHER RESOLUTION OF
ANY SUCH ACTION WITHOUT THE ISSUANCE OF A DEFINITIVE RULING BY A COURT,
INCLUDING, BUT NOT LIMITED TO, ANY AGREEMENT BY THE PARTIES THAT SUCH SETTLEMENT
IS NOT AN ADMISSION OF LIABILITY BY EITHER PARTY, NO SUCH SETTLEMENT OR
RESOLUTION SHALL CONSTITUTE A WAIVER OF THIS SECTION, AND EACH PARTY
ACKNOWLEDGES AND AGREES THAT IT SHALL BE ENTITLED TO PETITION THE COURT FOR A
DETERMINATION THAT IT IS THE PREVAILING PARTY AND ENTITLED TO RECOVERY OF ITS
REASONABLE COSTS HEREUNDER.
17.14
PRESS RELEASES.
NO PRESS RELEASES SHALL BE ISSUED BY ANY PARTY WITH
RESPECT TO THE MATTERS THAT ARE THE SUBJECT OF THIS AGREEMENT WITHOUT THE PRIOR
APPROVAL OF THE OTHER PARTY, WHICH APPROVAL WILL NOT BE UNREASONABLY WITHHELD.
IF ANY PARTY SHALL FAIL TO RESPOND TO A REQUEST FOR APPROVAL OF A PRESS RELEASE
WITHIN TWO BUSINESS DAYS AFTER SUCH PARTY HAS BEEN GIVEN THE PRESS RELEASE BY
THE PARTY REQUESTING APPROVAL, SUCH PRESS RELEASE SHALL BE DEEMED TO BE
APPROVED.
17.15
CONSTRUCTION.
THIS AGREEMENT WAS NEGOTIATED BY THE PARTIES WITH THE
BENEFIT OF LEGAL REPRESENTATION, AND ANY RULE OF CONSTRUCTION OR INTERPRETATION
OTHERWISE REQUIRING THIS AGREEMENT TO BE CONSTRUED OR INTERPRETED AGAINST ANY
PARTY SHALL NOT APPLY TO ANY CONSTRUCTION OR INTERPRETATION HEREOF.
17.16
ATTORNEYS' FEES AND COSTS.
EXCEPT AS PROVIDED IN SECTION 6.6, EACH
PARTNER SHALL BE SOLELY RESPONSIBLE FOR ITS ATTORNEYS' FEES AND COSTS INCURRED
IN THE DRAFTING, NEGOTIATION AND PREPARATION OF THIS AGREEMENT AND ALL DOCUMENT
INCIDENT THERETO.
17.17
LIMITED LIABILITY.
THE OTHER PARTNERS ACKNOWLEDGE AND AGREE THAT
(I) PGGM PRE FUND HAS INFORMED THEM THAT PGGM PRE FUND IS NOT A PARTNERSHIP
(PERSONENVENNOOTSCHAP) UNDER DUTCH LAW AND (II) ANY CLAIMS THAT THEY MAY HAVE
AGAINST PGGM PRE FUND ARE AGAINST THE PGGM PRE FUND AS SUCH, AND NOT AGAINST THE
INVESTORS IN PGGM PRE FUND, WHO ACCORDINGLY, ARE NOT LIABLE FOR ANY SUCH CLAIMS.
17.18
EXCLUSION POLICY.
THE GENERAL PARTNER AGREES THAT THE PARTNERSHIP
SHALL APPLY THE PGGM PRE FUND'S EXCLUSIONS POLICY (THE "PGGM EXCLUSIONS POLICY")
WHICH REFERS TO THE PGGM EXCLUSIONS LIST (THE "PGGM EXCLUSIONS LIST") ATTACHED
HERETO AS EXHIBIT 17.18-A.
THE GENERAL PARTNER ACKNOWLEDGES THAT THE PGGM PRE
FUND MAY, FROM TIME TO TIME, REQUIRE ADDITIONAL EXCLUSIONS TO BE ADDED TO THE
PGGM EXCLUSIONS LIST (EACH, AN "ADDITIONAL PGGM EXCLUSION"). THE GENERAL PARTNER
AGREES THAT THE PGGM PRE FUND HAS THE RIGHT TO UPDATE THE PGGM EXCLUSIONS LIST
WITH ADDITIONAL PGGM EXCLUSIONS TWICE A YEAR.
IN THE EVENT PGGM PRE FUND
NOTIFIES THE GENERAL PARTNER IN WRITING OF ANY ADDITIONAL PGGM EXCLUSION, THE
GENERAL PARTNER AGREES TO USE ITS REASONABLE EFFORTS TO THE EXTENT CONSISTENT
WITH ITS DUTIES AND OBLIGATIONS TO THE PARTNERSHIP NOT TO MAKE ANY INVESTMENTS
ON BEHALF OF THE PARTNERSHIP THAT VIOLATE SUCH ADDITIONAL PGGM