|
~ ~
<br />f i's
<br />.
<br />affect or alter this Lease, but each and every agreement, term, covenant, and condition of this Lease shall
<br />continue in full force and effect with respect to any other then-existing or subsequent breach.
<br />18.5 Each right and remedy provided for in this Lease shall be cumulative and shall be in
<br />addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or
<br />in equity or by statute or otherwise, and the exercise or beginning of the exercise by Lessor or Lessee of
<br />any one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law
<br />or in equity or by statute or otherwise shall not preclude the simultan~us or later exercise by the party
<br />in question of any or all other rights or remedies provided for in tlus L,ease or now or hereafter existing
<br />at law or in equity or by statnte or otherwise.
<br />18.6 In the event of Lessor's bankruptcy and the rejection of this Lease by Lessor's
<br />bankruptcy trustee and in the event Lessee elects to retain its rights pursuant to §365(h)(1) of the
<br />Bankiuptcy Code, the trustee~ and Less~ shall continue to be govemed by the terms and conditions of
<br />this Lease and under applicable Oregon landlord-tenant law. In that event, Lessee shall not be in default
<br />under this Lease due to the disputed offset unless Lessee fails to pay any amount due Lessor within 30
<br />days after it is awazded in arbitra.tion.
<br />i ~ Section 19. No Abatement of Rent
<br />~' 19.1 Except as otherwise expressly provided in this I.ease, no abatement, refund,
<br />diminution, or reduction of Rent or other compensation shall be claimed by or allowed t~Lessee, or
<br />(~~ ~ any person claiming under it, under any circumstances, whether for inconvenience, discomfort,
<br />t; interruption of business, or otherwise, arismg from work on Improvements, by virtue or because of
<br />' Legal Requirements, or the occurrence of any matters referred to in Sections 7(casualty damage) and
<br />r._ 16 (condemnation) of this I.ease, or for any other reason, cause, or occumence.
<br />~'~ 19.2 ff any adjoining Building or structure encroaches on the Premises, no claim, demand,
<br />i or objection of any kind shall be made by Lessee against Lessor by reason of such encroachments; no
<br />claim for abatement of Rent due under .this I.ease shall be made by reason of such encroachments or
<br />~ acts of, or in connection with, removal of the encroachments. The rights, liabilities, and obligations of
<br />. the parties shall be the same as if there were no encroachments. In any related legal proccedings, the
<br />Premises may properly and without prejudice be described according to the description previously used
<br />~ without reference to any such encroachments. Lessor agrees to cooperate with Lessee in any
<br />~, proceedings sought by Lessee to remove such encroachments, provided such cooperation does not
<br />' cause L essor to mcur any expense.
<br />• Section 20. Net Lease
<br />It is the intent of Lessor and Lessee that the rent specified and reserved in this Lease shall be
<br />absolutely net to Lessor, so that this l~ase shall yield, net to Lessor, the rents specified in this Lease in
<br />each year during the term of this Lea.se.. All costs, expenses and obligations of every kind and nature
<br />whatscever relatmg to the Premises (except as otherwise specifically provided in this Lease) shall be paid
<br />by Lessee.
<br />` Section 21. Leasehold Mortgages
<br />21.1 Lessee shall have the right, in addition to any other rights granted and without any
<br />'~ requirement to obtain Lessor's consent, to martgage or grant a security interest in Lessee's interest in this
<br />. Lease and the Premises and the Improvements and any subleases, under one or more leasehold
<br />~; mortgages or pursuant to a sale-leascback financing artangement to one or more Lending Institutions,
<br />t_ ~ as defincd, and/or under one or more purchase money leasehold mortgages, and to assign this Lease
<br />and any subleases as collateral security for such leasehold mortgages or pursuant to the sale-leaseback
<br />~; financing arrangement, on the condition that all rights acquired under such leasehold mortgages or
<br />~; pursuant to the sale-leaseback financing arrangement shall be subject to each and all of the covenants,
<br />~` 3 condirions, and restrictions set forth in this L.ease and to all rights and interests of Lessor, none of which
<br />covenants, conditions, restrictions, rights, or interests is or shall be waived by Lessor by reason of the
<br />t; right given to mortgage or grant a security interest in Lessee's interest in this Lease and the Premises and
<br />, the Imprnvements, except as expressly provided otherwise.
<br />1 _.;
<br />North Pad Ground Lease Courthouse Square
<br />, , Page - 17
<br />
|