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~, ;' 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 no
<br />acceptance of full ar paztial Rent during the continuance of any such breach, constitutes a waiver of any
<br />~ 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, altered, or
<br />modified except by a written instrument executed by Lessor. No waiver of any breach ~shall affect or alter
<br />~ this Lease, but each and every agreement, term, covenant, and condition of this Lease shall continue in full
<br />~ ~ force and effect with respect to any other then-existing or subsequent breach.
<br />18.5 Fach right and remedy provided for in tlus 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 in
<br />~~ equity or by statute or otherwise, and the eaercise or beginning of the eaercise by Lessor or Lessee of any
<br />one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in
<br />D equity or by statute or otherwise shall not preclude the simultaneous or later eaercise by the party in
<br />question of any or all other rights or remedies provided for in this Lease or now or hereafter elusting at law
<br />or in equity or by statute or otherwise. .
<br />18.6 In the event of Lessor's banlauptcy and the rejection of this I,ease by I.essor's
<br />a. bankruptcy trustee and in the event I.essee elects to retain its rights pursaant to §365(h){1) of the °.
<br />Bankruptcy Code, the trustee and Lessee shall continne to be governed by the terms and conditions of this
<br />I.ease and under applicable Oregon landlord-tenant law. In that event, Lessee shall not be in-default under
<br />~ this Lease due to the disputed offset unless Lessee fails to pay any amount due Lessor within 30 days after
<br />it is awarded in arbitrarion.
<br />~ Section 19. No Abatement of Rent .--, -.: :~
<br />19.1 Except as otherwise specifically provided in this Lease, no abatement, iefund,
<br />d i m i n u ti o n, o r re d u c t i o n o f R e n t o r o t h e r c o m p e n s a t i o n s h a ll b e c l a i m e d b y o r a ll o w e d t o L e s s e e, o r a n y
<br />person claiming under it, under any circumstances, whether fox inconvenience, discomfort, interruption of
<br />~ business, or otherwise, arising from work on Improvements, by virtue ar because of I,egal Requirea~nts, or
<br />the occurrence of any matters referred to in Sections 7(casualty damage) and 16 (condemnation) of this
<br />Lease, or for any other reason, cause, or occurnence.
<br />19.2 Unless caused by Lessor, if any adjoining Building or structure encroaches on the
<br />Premises, no claim, demand, or objection of any kind shall be made by I,essee against Lessor by reason of
<br />such encroachments; no claim for abatement of Rent due under this Lease shall be made by reason of such
<br />~ encroachments or acts of, or in connection with, removal of the encroachments. The rights, liabilities, and
<br />obligations of the parties shall be the sa~e as if there were no encroachments. In any related legal
<br />proceedings, the Premises may properly and without prejudice be described according to the description
<br />previously used without reference to any such encroachments. Lessor agrees to cooperate with Lessee in
<br />~ any proceedings sought by Lessee to remove such encroachments, provided such cooperation does not
<br />cause Lessor to iacur 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 lease shall yield, net to Lessor, the rents specified in this Lease in each
<br />year during the term of this Ixase. All costs, expenses and obligations of every ldnd and nature whatsoever
<br />~ relating to the Premises (except as otherwise specifically provided in this I.ease) shall be paid by Lessee.
<br />t-~ Section 21. Transfer of Interesst by Lessor
<br />Lessor may sell, exchange, assign, transfer, convey, contribute, distribute, or otherwise
<br />~~ dispose of all or any part of its interest (called "Lessor's Interest") in the Premises or this Lease (including
<br />L; but not limited to Lessor's reversion).
<br />Section 22. I,e.ssor's Right to Ericumber
<br />~ I Lessor, during the Term, may encumber, mortgage, pledge, or otherwise hypothecate its fee
<br />~ simple interest in the Premises.
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