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~ Lessor shall confirm in a separate written agreement with any qualified sublessee the nondisturbance obligation of Lessor as set forth in this section. ~ Section 18. DefaWt; Remedies ~.. : 18.1 The occurrence of any one or more of the following events of default constitutes a breach of this Lease by Lessee: ~ i ( a) If Lessee defaults in the payment of Rent due and payable by Lessee, and such default continues for 30 days after Lessor has given Lessee a notice specifymg the same; .or ~ (b) If Lessee, whether by action or inaction, is in default of any of its obligations ~` ~ under this Lease (other than a default in the payment of Rent by Lessee) and such default continues and is not remedied within 60 days after Lessor has grven. Lessee a notice specifying the same, or, in the case of a default that can be cured but not within a period of 60 days, if Lessee has not (1) commenced curing such ~ default within such 60-day period; (2) notified Lessor of Lessee's intention to cure the default; or (3) continuously and diligently completed the cure of the default. ~ 18.2 During any 12-month period, Lessee shall be entided to only two notices pursuant to ~~ Section 18.1(a). 18.3 Upon the occurrence of an event of default, Lessor may exercise any ene or more of ~ the remedies set forth in this section or any other remedy available under applicable law or contained in this Lease: ( a) Lessor or Lessor's agents and employees may immediately or at any rime ~~ thereafter reenter the Premises either by summary eviction proceedings or by any suitable action or proceeding at law, or by force or otherwise, vinthout being liable to indictment, prosecution, or damages, and may repossess the same, and may remove any person from the Premises, to the end that Lessor may have, ~ hold, and enjoy the Premises. (b) Lessor may relet the whole or any part of the Premises from time to time, either in the name of Lessor or otherwise, to such Lessees, for such terms ending before, on, or after the expiration date of the I.ease Term, at sach rentals and on such other conditions (including concessions and free rent) as Lessor may determine to be appropriate. To the extent allowed under Oregon law, Lessor shall have no obligation to relet all or any part of the Premises and shall not be liable for refusal to relet the Premises, or, m the event of such reletking, for refusal or failure to collect any rent due on such reletting; and any. action of Lessor shall not operate to relieve Lessee of any liability under this Lease or othera+ise affect such liability. Lessor at its option may make such physical changes to the Premises as Lessor, in its sole discretion, considers advisable and necessary in connection with any such reletting or proposed reletting, without relieving Lessee of any liability nnder this Lease or otherwise affecting Lessee's liability. '-' (c) Whether or not Lessor retakes possession or relets the Premises, Lessor has the right to recover its damages, including without limitation all lost rentals, all legal expenses, all costs incurred by Lessor in restonng the Prem~ses or otherwise preparing the Premises for reletting, and all costs ~ incuned by Lessor in reletting the Premises. (d) To the extent permitted under Oregon.law, Lessor may sue periodically for damages as they accrue without barring a later action for further damages. Lessor may in one action recover accrued damages plus damages attributable to the remainmg I.ease Term equal to the difference between the Rent reserved in this Lease for the balance of the Lease Term after the time of award, and the fair rental value of the Premises for the same period, discounted at the tim~e of award at a reasonable rate not to exceed 10% per annum. If Lessor has relet the Premises for the period that otherwise would have constituted atl or part of the unexpired portion of the Term, the amount of rent reserved on such reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole of the Premises so relet during the term of the reletting. Lj • Continuing Party Ground Lease Courthouse Squaze Page - i l ~ 1026980259