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~ 40.2 The table of contents preceding this Lease but under the same cover is for the purpose: of convenience and reference only, and is not to be deemed or construed in any way as part of ~; this Lease, nor as supplemental or amendatory. Section 41. Definition of Lessor The term Lessor as used in this Lease means only the ow~er for the time being of the ~` Premises, so that in the event of a sale, transfer, conveyance, or other termination of Lessor's interest in ' the Pre:mises, Lessor shall be and is entirely freed and relieved of all liability of Lessor thereafter accruin~, and in such event I.essor shall remit any funds held by Lessor, in~ which Lessee has an interest, to the s~uccessor owner of the Premises. Lessor shall remain liable for any such money not so remitted. ~~ It shall be deemed and construed without further agreement between the parties or their successors in ' interest, or between the parties and such successor owner of the Premises, that such successor owner has assume~i and agreed to cazry out any and all agreements, covenants, and obligations of Lessor thereafter (~ ~ accruin;g. IE Section 42. Recordation of I.ease C~ Lessee may elect that a copy of this Lease or a memorandum, executed and acknowledged by both pa~rties, be recorded in the public records of Marion County, Oregon. Lessee shall pay the record'uig costs. (`~ Section 43. Arbitration ~ j When azbitration is expressly provided for in this Lease for the resolution of a matter in `' dispute~ the matter shall be determined in the city of Salem, Oregon, by a single arbitrator for matters ~ up to $: 00,000, and by three arbitrators for any dispute in excess of that amount, in accordance with the rules then pertaining to the Marion County Circuit Court Arbitration Program, except to the extent ~ provide~3 otherwise under Oregon laws on arbitration and as otherwise provided herein. If such program is terminated, then the rules of the American Arbitration Association shall be used. All arbitrators shall ~ be licensed attoraeys having at least 10 years' experience with commercial ground-leasing transactions. ° Each p~rty shall submit its posidon to the arbitrator or arbitrators and the arbitrator or arbitrators shall only hawe jurisdiction to choose the entire position of one of the parties as the prevailing position. On the app~ication of either party, the award in the arbitration may be enforced by the order of judgment (~~ of a cou~rt of competent jurisdiction. The arbitrator or arbitrators shall resolve all disputes in accordance [ with the: substantive law of the state of Oregon. The azbitrator or arbitrators shall have no authority or jurisdicuon to awazd any damages or any other remedies beyond those that could have been awarded in a court ~f law had the parties litigated the claims instead of arbitrating them. The parties shall not assert any claim for punitive damages except to the extent such awards are specifically authorized by statute. ~; . IN WITNESS WI~REOF, Lessee and Lessor have caused this Lease to be executed by their ~ duly au~horized o~cers. ~. ' LESSOIt: Salem t~-rea Mass Transit District Marion County ~ ~ ; Its: ApprovE;d as to legal form: Legal C~unsel, Salem Area Mass Transit District Approv~:d as to legal form: ~~ ~ North Pad Ground Lease Coarthouse Square ( Page - 24 I~