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If to HCP: Andrew R. Cressman <br />Vice President <br />HCP, Inc. <br />3000 Meridian Boulevard, Suite 200 <br />Franklin, TN 37067 <br />If to SCOA: Stonybrook Associates, Inc. <br />45874 S. Fork Drive <br />Three Rivers, CA 93271 <br />Attn: Don Warren <br />With a copy to: Metropolitan Life Insurance Company <br />425 Market Street <br />Suite 1050 <br />San Francisco, CA 94105 <br />Attn: Asset Manager — Seaport <br />and: Andrew R. Cressman <br />Vice President <br />HCP, Inc. <br />3000 Meridian Boulevard, Suite 200 <br />Franklin, TN 37067 <br />Notice to be deemed effective if delivered by certified mail return receipt requested, or <br />commercial courier, with delivery to be effective upon verification of receipt. Any Party may <br />change its respective address for notices by providing written notice of such change to the other <br />Party. <br />Section 12.2 Effective Date. The effective date of this Agreement means to he inserted <br />(the "Effective Date"). <br />Section 12.3 Attorneys' Fees. In the event any legal action is commenced to enforce <br />this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and <br />expenses incurred. <br />Section 12.4 Miscellaneous <br />(a) The Parties hereto acknowledge that this Agreement has been <br />negotiated and entered into in the State of California. The Parties hereto expressly agree that this <br />Agreement shall be governed by, interpreted under, and construed and enforced in accordance <br />with the laws of the State of California without reference to its choice of law rules. The Parties <br />hereto agree that the exclusive jurisdiction and venue for any legal action arising out of or <br />relating to this Agreement shall be in the applicable Court of San Mateo County, California, or, <br />OAK #4819-4834-1908 v20 Exhibit C Page 17 <br />