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200500259 Agent shall have the right, but not the obligation, to serve upon Debtor within such thirty (30) day period a notice stating that Administrative Agent demands that Debtor assume and assign the Site Ground Lease to Administrative Agent pursuant to Section 365 of the Bankruptcy Code. If Administrative Agent shall serve upon Debtor the notice described in the preceding sentence, Debtor shall not seek to reject the Site Ground Lease and shall comply with the demand provided for in the preceding sentence. Section 6.31 Site Ground Lease Representations and Warranties. Debtor hereby warrants and represents that (i) Debtor has delivered to Administrative Agent or Administrative Agent's agent true, correct and complete copies of all Site Ground Leases, all assignments thereof, and all related recorded memoranda of such Site Ground Leases; (ii) all Site Ground Leases are in full force and effect as of the effective date hereof; (iii) no defaults have occurred and are continuing as of the effective date hereof with respect to any Site Ground Lease; (iv) all payments due under the Site Ground Lease prior to the effective date hereof have been made; and (v) Debtor's interest in the Site Ground Lease is not subject to any claim, setoff or encumbrance except for Permitted Encumbrances. THE WRITTEN LOAN DOCUMENTS REPRESENT 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. Section 6.32 Severability. Any provision of this Deed of Trust which is prohibited or unenforceable in any jurisdiction shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. Section 6.33 Waiver of Jury Trial. DEBTOR, ADMINISTRATIVE AGENT, AND THE LENDERS, HEREBY AGREE, TO THE EXTENT PERMITTED BY LAW, TO WAIVE AND HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY ACTION OR PROCEEDING OF ANY TYPE IN WHICH DEBTOR, ANY OF THE LENDERS, THE ADMINISTRATIVE AGENT OR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS IS A PARTY, AS TO ALL MATTERS AND THINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS DEED OF TRUST, ANY OF THE NOTES OR THE OTHER LOAN DOCUMENTS AND THE RELATIONS AMONG THE PARTIES. EXCEPT AS PROHIBITED BY LAW, DEBTOR WAIVES ANY RIGHTS IT MAY HAVE TO CLAIM OR RECOVER IN ANY LITIGATION REFERRED TO IN THIS SECTION, ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OTHER THAN, OR IN ADDITION TO, ACTUAL DAMAGES. EACH OF DEBTOR, ADMINISTRATIVE AGENT AND THE LENDER (i) CERTIFIES THAT NEITHER ANY REPRESENTATIVE, AGENT OR ATTORNEY OF THE ADMINISTRATIVE AGENT OR ANY LENDER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE ADMINISTRATIVE AGENT OR ANY LENDER WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVERS AND (ii) ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS DEED OF TRUST AND EACH OTHER LOAN DOCUMENT BY, AMONG OTHER THINGS, THE WAIVERS AND CERTIFICATIONS IN THIS SECTION. THE PROVISIONS DEED OF TRUST— Page 27