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<br />200806452 <br /> <br />provisions of the Indenture) and the fees and expenses of the Trustee, the Issuer and any Paying <br />Agents and all other amounts required to be paid in accordance with the Indenture, shall belong to <br />and be paid to the Company, in accordance with its written direction, by the Trustee as the return <br />of an overpayment of the amounts payable hereunder. <br /> <br />Section 11.11. No Recourse. No recourse shall be had for the rents due hereunder, or for <br />any claim based hereon against any officer, director, stockholder or employee, past, present or <br />future, of the Company as such, either directly or through the Company, under any constitutional <br />provision, statute or rule of law, or by the enforcement of any assessment or by any legal or <br />equitable proceeding or otherwise. <br /> <br />Section 11.12. Net Lease. This Agreement shall be deemed and construed to be a "net <br />lease," and the Company shall pay absolutely net during the Lease Term the rent and all other <br />payments required hereunder, free of any deductions, and without abatement, deduction or setoff, <br />other than those herein expressly provided. <br /> <br />Section 11.13. Delegation of Duties by the Issuer. It is agreed that under the terms of <br />this Agreement and also under the terms of the Indenture, the Issuer has delegated certain of its <br />duties hereunder to the Company and to the Trustee. The fact of such delegation shall be deemed <br />sufficient compliance by the Issuer to satisfy the duties so delegated and the Issuer shall not be <br />liable in any way by reason of acts done or omitted by the Company, the Authorized Company <br />Representative or the Trustee. The Issuer shall have the right at all times to act in reliance upon <br />the authorization, representation or certification of the Authorized Company Representative or the <br />Trustee. <br /> <br />Section 11.14. Governing Law. This Agreement shall be governed exclusively by and <br />construed in accordance with the applicable laws of the State. <br /> <br />Section 11.15. No Personal Liability. No covenant or agreement contained in this <br />Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or <br />employee of the Issuer or the Company in his or her individual capacity, and no such person shall <br />be subject to any personal liability or accountability by reason of the issuance thereof. <br /> <br />[Remainder of page intentionally left blank] <br /> <br />4834-8191-0786.7 <br /> <br />57 <br />