(a)  If Tenant requests Landlord’s consent and Landlord fails or refuses to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord of its consent (except in an instance where a court of competent jurisdiction or an arbitrator determining whether or not Landlord has reasonably withheld, conditioned or delayed its consent has determined that Landlord acted in an arbitrary and capricious manner, maliciously or in bad faith), it being intended that, other than in the instances described in the preceding parenthetical, Tenant’s sole remedy shall be an action for specific performance or injunction or arbitration in accordance with the provisions of Section 8.09(b) , and that such remedy shall be available only in those cases where this Lease provides that Landlord shall not (or as a matter of Law, Landlord may not) unreasonably withhold, condition or delay its consent.