RIGHT OF RE-ENTRY OR
ANY OTHER RIGHT GRANTED UNDER ARTICLE XIX AND SHALL NOT DEROGATE FROM ANY OF
LESSEE'S OBLIGATIONS HEREUNDER IN RESPECT OF THE SURRENDER OF THE PROPERTY OR
OTHERWISE.
SECTION 25.18.
NON-RECOURSE.
LESSEE SHALL LOOK ONLY TO LESSOR'S ESTATE IN THE
PROPERTY FOR THE SATISFACTION OF LESSEE'S REMEDIES IF THERE IS A DEFAULT BY
LESSOR HEREUNDER, AND NO OTHER PROPERTY OR ASSETS OF LESSOR OR ITS PARTNERS,
OWNERS OR PRINCIPALS, DISCLOSED OR UNDISCLOSED, SHALL BE SUBJECT TO LEVY,
EXECUTION OR OTHER ENFORCEMENT PROCEDURE FOR THE SATISFACTION OF LESSEE'S
REMEDIES HEREUNDER.
SECTION 25.19.
SURVIVAL.
IN THE EVENT OF THE TERMINATION OF THIS LEASE AS
HEREIN PROVIDED, THE OBLIGATIONS AND LIABILITIES OF LESSOR AND LESSEE, AS THE
CASE MAY BE, ACTUAL OR CONTINGENT, UNDER THIS LEASE WHICH AROSE AT OR PRIOR TO
SUCH TERMINATION SHALL SURVIVE SUCH TERMINATION.
SECTION 25.20.
WAIVER OF JURY TRIAL.
LESSOR AND LESSEE EACH HEREBY VOLUNTARILY
AND KNOWINGLY WAIVES AND RELINQUISHES ITS RIGHT TO A TRIAL BY JURY IN ANY
ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER AGAINST THE OTHER ON ANY
MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE
RELATIONSHIP OF LESSOR WITH LESSEE, OR LESSEE'S USE OR OCCUPANCY OF THE
PROPERTY, INCLUDING ANY CLAIM OF INJURY OR DAMAGE, AND ANY EMERGENCY AND OTHER
STATUTORY REMEDY WITH RESPECT THERETO.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
53
IN WITNESS WHEREOF, Lessee and Lessor have executed this Lease as of the date
first above written.
LESSEE:
CA, INC., a Delaware corporation
By:
/s/ Bryan Urquhart
Bryan Urquhart
SVP- Finance and Administration
LESSOR:
ISLANDIA OPERATORS LLC, a Delaware
limited liability company
By:
/s/ Francesco Piovanetti
Francesco Piovanetti
Vice President
ISLAND HEADQUARTERS OPERATORS
LLC, a Delaware limited liability company
By:
/s/ Francesco Piovanetti
Francesco Piovanetti
Vice President
54
APPENDIX A
In this Lease, unless the context otherwise requires:
(A)
ANY TERM DEFINED BELOW BY REFERENCE TO ANOTHER INSTRUMENT OR
DOCUMENT SHALL CONTINUE TO HAVE THE MEANING ASCRIBED THERETO WHETHER OR NOT SUCH
OTHER INSTRUMENT OR DOCUMENT REMAINS IN EFFECT;
(B)
WORDS IMPORTING THE SINGULAR INCLUDE THE PLURAL AND VICE VERSA;
(C)
WORDS IMPORTING A GENDER INCLUDE ANY GENDER;
(D)
A REFERENCE TO A PART, CLAUSE, PARTY, SECTION, ARTICLE, EXHIBIT OR
SCHEDULE IS A REFERENCE TO A PART AND CLAUSE OF, AND A PARTY, SECTION, ARTICLE,
EXHIBIT AND SCHEDULE TO, THIS LEASE;
(E)
A REFERENCE TO ANY STATUTE, REGULATION, PROCLAMATION, ORDINANCE OR
LAW INCLUDES ALL STATUTES, REGULATIONS, PROCLAMATIONS, ORDINANCES OR LAWS
VARYING, CONSOLIDATING OR REPLACING THEM, AND A REFERENCE TO A STATUTE INCLUDES
ALL REGULATIONS, PROCLAMATIONS AND ORDINANCES ISSUED OR OTHERWISE APPLICABLE
UNDER THAT STATUTE;
(F)
A REFERENCE TO A DOCUMENT INCLUDES AN AMENDMENT OR SUPPLEMENT TO,
OR REPLACEMENT OR NOVATION OF, THAT DOCUMENT;
(G)
A REFERENCE TO A PARTY TO A DOCUMENT INCLUDES THAT PARTY'S
SUCCESSORS AND ASSIGNS, PROVIDED THAT THE FOREGOING SHALL NOT BE CONSTRUED AS
PERMITTING A TRANSFER OR ASSIGNMENT OTHERWISE PROHIBITED UNDER THE TERMS OF THIS
LEASE;
(H)
IF A PROVISION HEREOF STATES THAT A PARTY MAY NOT