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Section 7. Waiver Failure by Owner or Optionee to enforce any right under this Agreement shall not be deemed to be a waiver of that right or of any ocher right. Section 8. Successors aad Assigns Subject to the limitatiens on Owner's right to convey the Property set forth elsewhere herein, the tenns, covenants. and condi6ons hereut contauied shall be binding on and inure to•the bene~it of th~ heirs, successors, and assigns of Owner and Optionee. Optionee may assign its interest in this Option Agreement and the Ptopetty to any pecson or entity, Wi~out the coasent of O~+ner. In the eveat rhat an assignes assumes the obligations of Optionec hereunder. then Optionee shall have no further liability with tespect to this Agreement. Section 9. Notices All notices required or permitt~d to b~ given shall bo in ~'~+titing and shall be deemed given azfd received upon personal se,r~nce or deposit in the United States Mail, cettifie~ or registered mail, postage prepaid, return receipt ~eqnested, addressed as follows: To Bnyer. Jobn Whivington V~ith a Copy to: Ben C. Fetherston, Jr. Salem Area Mass Ticaasit Dis~ict PO Box 2206 3140 Del Webb A~e NE Salem, OR 97308 Salem, OR 91303-4165 To Seller: B~11y Wassoa With a Copy to: Michael Hansen Mazion County 530 Center St 1~ 200 H'igh St NE Salem, OR 97301 Salem, OR 97301 The foregoing addresses maY be cSaaSed bY amtten nouce, given in the same manner. Notice given in any maztner other than the maaner set forth above shall be effective when teceived by the party for whom it is intended. Section 1Q. Attornep Fees If litiga.tion is institnced with tesPect to tlus Agreernent, the pcevailing party shalt be entided to recover from the loscng pariy, in addition to all other sams and allowable costs, its reasonable attomey fees, both in preparation for and at trial aud anY aPPeal or re°iew, ~ch amount to be sec by the court before which the matter is heatd. • Section ~X. Integration, ModiScation, or Amendments This Agreement coatains the entire aSreement of the parties Wirh respect to the Property and supecsedes all prior writrta and oral aegotiations and agreements with respecc to che Property. Any modifications, changes, additions, or deletions to this Agreement mnst be approved by OWner and Optionee, in wriring- Section 12. Counterp9rts; Pronouas This Agreement may be executed in one or more counterparts, all of which shall be considered one and che same Agteoment and shall be effecti~e when one or more counterpar~s have been sigtied and deliver~d by ~wner and Optioaee. With tespcct to any pronouns used, eace gender used shall inclnde the other gender and the singular and the plurnl, as the contezt may req Section 13. Governinb Law; Interpretation This Agreement shall be governed bY the laws of Oregon. In the ~vent a coutt of competent jurisdiction holds any poction of this Agteement to be void or ttnarfosceable as written, Owaer and Optionee intend tha[ (1) tt~at postion of this ~g~teement be eafocccd to the extent permiued by law, aud (2) the balance of this Agrcement remain m full force and effccc. Optioa Ag~eem,ent Page - 3