HEREBY IRREVOCABLY WAIVES, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL
BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR
ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH
OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE
FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE
BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG
OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
SECTION 17.
NOTICES
17.1
Notice of Final Agreement. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL
AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO
UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
CONSTRUCTION LOAN AGREEMENT - Page 81
17.2
USA Patriot Act Notice. Each Lender and Administrative Agent (for itself
and not on behalf of any Lender) hereby notifies Borrower that pursuant to the
requirements of the USA Patriot Act (Title III of Pub. L. 107-56 (signed into
law October 26, 201)) (the "Act"), it is required to obtain, verify and record
information that identifies Borrower, which information includes the name and
address of Borrower and other information that will allow such Lender or
Administrative Agent, as applicable, to identify Borrower in accordance with the
Act.
[The remainder of this page is intentionally left blank; the signature pages
follow.]
CONSTRUCTION LOAN AGREEMENT - Page 82
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year first above written.
BORROWER
Address for Notices:
STRATUS LAKEWAY CENTER, L.L.C.
Address for Notices:
212 Lavaca St., Suite 300
By: /s/ Erin D. Pickens
Austin, Texas 78701
Erin D. Pickens
Senior Vice President
EXHIBIT L - Page 1
ADMINISTRATIVE AGENT
Address for Notices:
PLAINSCAPITAL BANK,
as Administrative Agent
2323 Victory Avenue, Suite 300
By: /s/ Thomas Ricks
Dallas, Texas 75219
Thomas Ricks
Senior Vice President
EXHIBIT L - Page 2
LENDER
Address for Notices:
PLAINSCAPITAL BANK
2323 Victory Avenue, Suite 300
By: /s/ Thomas Ricks
Dallas, Texas 75219
Thomas Ricks
Senior Vice President
EXHIBIT L - Page 3