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conduct tests of the subsurface and soil conditions to ascertain the suitability of the Premises for the
<br />~~~ contemplated Project and shall fumish such fill and take such other steps as may be required before the
<br />commencement of'construction. L.essor shall have no liability because of, or as a result of, the existence
<br />s~ or suspected presence of any subsurface or soil condition, including without limitation any Hazardous
<br />Substanc:e, either on the Premises or on adjacent land.
<br />Section :29. Estoppel Certificate
<br />f, ~ Either pazty, within 10 days after a request from time to time made by the other party and
<br />~'~ without charge, shall give a certification in wnting to any person, firm, or corporation reasonably
<br />specified by the requesting party stating (1) that this Lease is then in full force and effect and
<br />{~ unmodiFied, or if modified, stating the modifications; (2) that Lessee is not in default in the payment of
<br />Rent to l:.essor, or if in default, stating such default; (3) that as faz as the maker of the certificate knows,
<br />neither party is in default in the performance or observance of any other covenant or condition to be
<br />performexi or observed under this I.ease, or if either party is in default, stating such default; (4) that as
<br />faz as th~e maker (if Lessor) of the certificate knows, no event has occurred that authorized, or with the
<br />% ~3 lapse of time will authorize, I.essee xo terminate this Lease, or if such event has occurred, stating such
<br />event; (S~) that as faz as the maker of the certificate lmows, neither party has any offsets, counterclazms,
<br />(~ or defen;ses, or, if so, stating them; (~ the dates to which Rent have been paid; and {7) any other matters
<br />that may~ be reasonably requested by the requesting party.
<br />Section 30. Force Majenre -
<br />If the performance by either of the parties of their respective obligations under this Lease
<br />~ i (excluding monetary obligations) is delayed or prevented in whole or in part by any Legal Requirement
<br />~ (and not auributable to an act or omission of the party), or by any acts of God, fue or other casualty,
<br />floods, storms, explosions, accidents, epidemics, war, civil disorders, strikes or other labor difficulties,
<br />~~ shortage or failure of supply of materials, labor, fuel, power, equipment, supplies or transportadon, or
<br />by any ather cause not reasonably within the party's control, whether or not specifically mentioned, the
<br />party shall be excused, discharged, and released of performance to the extent such perforn~ance or
<br />r~ obligatian (excluding any monetary obligation) is so limited or prevented by such occurrence without
<br />~ liability ~f any kind.
<br />Section :31. Notices
<br />~~ 31.1 Any notice required or permitted by the terms of this Lease shall be deemed given if
<br />delivered personally to an officer of the party to be notified or sent by United States registered or
<br />certified mail, postage prepaid, return-receipt requested, and addressed as follows:
<br />!~
<br />If to I.essor:
<br />Salem A~ea Mass Transit District
<br />3140 De~ Webb Ave NE
<br />Satem, CIR 97303
<br />and:
<br />Marion County
<br />53U Center St NE Suite 312
<br />Salem, OR 97301
<br />If to Lessee:
<br />,
<br />I~
<br />or such ~~ther addresses as may be designated by either party by written notice to the other. Except as
<br />otherwise provided in this Lxase, every notice, demand, request, or other communicadon shall be
<br />deemed ~o have been given or served on actuat receipt.
<br />31.2 Lessee shall immediat,ely send to Lessor, in the manner prescribed above for giving
<br />notice, copies of all notices given by it to any Permitted Leasehold Mortgagee or received by it from
<br />such Peimitted Leasehold Mortgagee, and copies of all notices fliat it receives with respect to the
<br />Premises or Improvements from any govemment authorities, fire regulatory agencies, and similarly
<br />constitut~:d bodies, and copies of its responses to such notices.
<br />31.3 A copy of each notice from Lessor to Lessee shall be contemporaneously delivered to
<br />each Permitted~ Leasehold Mortgagee which shall bave previously delivered to Lessor, by registered or
<br />certified mail, return receipt requested, addressed as provided above in this section, its nazne and the
<br />mailing ;~ddress to which communications under this section aze to be delivered. Notice to Lessee shall
<br />not be effective until a duplicate notice is received by each Pernutted Leasehold Mortgagee that is
<br />entitled t:o notice.
<br />North Pad Ground Lease Courthouse Square
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