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<br />200704125 <br /> <br />Grantor shall not alter the Trust Property in any manner which would materially <br />increase Grantor's responsibilities for compliance with the applicable Access <br />Laws without the prior written approval of Beneficiary which approval shall not <br />unreasonably be withheld provided that Grantor can demonstrate the availability <br />of funding sources adequate to comply with such requirements. The foregoing <br />shall apply to tenant improvements constructed by Grantor or by any of its <br />tenants. Beneficiary may condition any such approval upon receipt from Grantor <br />of a certificate of Access Law compliance from an architect, engineer, or other <br />person acceptable to Beneficiary or other reasonably satisfactory evidence of <br />compliance. Provided Grantor has delivered to Beneficiary the certificate <br />described in, or otherwise complied with the provisions of, the foregoing <br />sentence, approval by Beneficiary of tenant improvements as part of the approval <br />of a new Lease shall also constitute approval of Grantor's compliance with <br />Access Laws applicable to such improvements. <br /> <br />35.3. Grantor agrees to give prompt notice to Beneficiary of the receipt by <br />Grantor of any complaints related to violations of any Access Laws received from <br />governmental authorities or involving a threat of litigation and of the <br />commencement of any proceedings or investigations which relate to compliance <br />with applicable Access Laws. <br /> <br />35.4. Grantor shall protect, defend, indemnify and save harmless <br />Beneficiary from and against all liabilities, obligations, claims, demands, <br />damages, penalties, causes of action, losses, fines, costs and expenses (including, <br />without limitation, reasonable attorneys' fees and expenses), imposed upon or <br />incurred by or asserted against Beneficiary by reason of any failure of the Trust <br />Property to comply with any Access Laws. <br /> <br />36. Notice. All notices, demands, statements, requests or consents (collectively, "notices") <br />made hereunder shall be in writing and given in the manner specified in the Loan Agreement. <br /> <br />37. Waiver of Notice. Grantor shall not be entitled to any notices of any nature whatsoever <br />from Beneficiary except with respect to matters for which this Deed of Trust or any other Loan <br />Document specifically and expressly provides for the giving of notice by Beneficiary to Grantor <br />and except with respect to matters for which Beneficiary is required by applicable law to give <br />notice, and Grantor hereby expressly waives the right to receive any notice from Beneficiary <br />with respect to any matter for which this Deed of Trust or any other Loan Document does not <br />specifically and expressly provide for the giving of notice by Beneficiary to Grantor. <br /> <br />38. Remedies of Grantor. In the event that a claim or adjudication is made that Beneficiary, <br />Trustee or their respective agents have unreasonably delayed acting in any case where by law or <br />under this Deed of Trust or the other Loan Documents, Beneficiary or such agent, as the case <br />may be, has an obligation to act promptly, Grantor agrees that neither Beneficiary, Trustee nor <br />their respective agents shall be liable for any monetary damages, and Grantor's sole remedies <br />shall be limited to commencing an action seeking injunctive relief or declaratory judgment. <br /> <br />19 <br />