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<br />' ( a) If Lessee defaults in the payment of Rent due and payable by Lessee, and
<br />~ such default continues for 10 days after Lessor has given Lessee a notice specifying the same; or ,
<br />! ( b) If Lessee, whether by action or inaction, is in default of any of its obligations
<br />under this Lease (other than a default in the payment of Rent by Lessee) and such default continues and
<br />is not remedied within 30 days after Lessor has given Lessee a notice specifying the same, or, in the case
<br />~' of a default that can be cured but not within a period of 30 days, if Lessee has not (1) commenced
<br />~' curing such default within such 30-day period; (2) notified Lessor of Lessee's intention to. cure the
<br />default; or (3) continuously and diligently completed the cure of the default.
<br />1~ 18.2 During any 12-month period, Lessee shall be entitled to only one notice pursuant to
<br />` Section 18.1(a).
<br />~ 18.3 Upon the occurnence of an event of default, Lessor may exercise any one or more of
<br />~~_ the remedies set forth in this section or any other remedy available under applicable law or contained in
<br />this L,ease:
<br />( a) Lessor or Lessor's agents and employees may immediately or at any time
<br />thereafter reenter the Premises either. by summary eviction proceedings or by any suitable action or
<br />proceeding at law, or by force or otherwise, without being liable to indictment, prosecution, ~r damages,
<br />and may repossess the same, and may remove any person from the Premises, to the end that I,essor may
<br />have, hold, and enjoy the Premises.
<br />(b) .I.essor may relet the whole or any part of the Premises from time to time,
<br />either in the name of Lessor or otherwise, to such Lessees, for such terms ending before, on, or after the
<br />expiration date of the Lease Temi, at such rentals and on such other conditions (including concessions
<br />and free rent) as Lessor may determine to be appropriate. To the extent allowed under Oregon law,
<br />Lessor shall have no obligation to relet all or any part of the Premises and shall not be liable for refusal
<br />to relet the Premises, or, in the event of such reletring, for refusal or failure to collect any rent due on
<br />such reletting; and any action of Lessor shall not operate to relieve Lessee of any liability under this
<br />Lease or otherwise affect such liability. Lessor at its option may make such physical changes to the
<br />Premises as Lessor, in its sole discretion, considers advisable and necessary in connection with any such
<br />reletting or proposed reletting, without relieving Lessee of any liability under this Lease or otherwise
<br />affecting Lessee's liability.
<br />(c) Whether or not Lessor retakes possession or relets the Premises, Lessor has the
<br />right to recover its damages, including without limitation all lost rentals, all legal expenses, all costs
<br />incurred by I,essor in restoring the Premises or otherwise preparing the Premises for reletting, and all
<br />costs incurred by Lessor in reletting the Premises.
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<br />( d) To the eactent permitted under Oregon law, Lessor may sue periodically ~ for
<br />damages as they accrue without barring a later action for further damages. Lessor may in one action
<br />? recover accrued damages plus damages attributable to the remaining Lease Term equal to the difference
<br />~; between the Rent reserved in this L~ease for the balance of the Ix,ase Term after the time of award, and
<br />~ the fair rental value of the Premises for the same period, discounted at the time of award at a reasonable
<br />rate not to exceed 109b per annum. If Lessor has relet the Fremises for the period that otherwise would
<br />have constituted all or part of the uneapired portion of the Term, the amount of rent reserved on such ~
<br />~~' reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole
<br />of the Premises so relet during the term of the reletting.
<br />18.4 No failure by Lessor to insist on the strict performance of any agreement, term,
<br />covenant, or condition of this Lease or to exercise any right or remedy consequent upon a breach, and
<br />no acceptance of full or partial Rent during the continuance of any such breach, constitutes a waiver of
<br />any such breach or of such agreement, term, covenant, or condition. No agreement, term, covenant, or
<br />condition to be performed or complied with by Lessee, and no breach by Lessee, shall be waived,
<br />altered, ar modi~ed except by a written instrument executed by Lessor. No waiver of any breach shall
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