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~, any construction commences on the Premises, Lessee shall conduct tests of the subsurface and soil
<br />conditions to ascertain the suitability of the Premises for the contemplated Project and shall furnish such fill
<br />and take such other steps as may be required before the commencement of construction. Except as
<br />provided herein, Lessor shall have no liability because of, or as a result of, the existence of any subsurface
<br />~} or soil condition, either on the Premises or on adjacent land, that mi ht affect Lessee's construction.
<br />g
<br />2 Section 28. Estoppel Certificate
<br />Either party, within 10 days after a request from time to rime made by the other pazty and
<br />~'! without chaz e, shall 've a certification in writin to an .
<br />g 8~ g y person, firm, or corporation reasonably specified
<br />_ by the requesting party stating (1) that i~his Lease is then in full force and effect and unmodified, or if
<br />~ modified, stating the modifications; (2) that Lessee is not in default in the payment of Rent to Lessor, or if
<br />, in default, stating such default; (3) .that as far as the maker af the certificate knows, neither party is in
<br />. default in the performance or observance of any other covenant or condition to be performed or observed
<br />~ under this Lease, or if either party is in default, stating such default; (4) that as faz as the maker (if Lessor)
<br />of the certificate lmows, no event has occutred that authorized, or with the lapse of time will authorize,
<br />Lessee to terminate this Lease, ar if such event has occurned, stating such event; (~ that as faz as the maker
<br />of the certificate laiows, neither party has any offsets, counterclaims, or defenses, or, if so, stating them; (6)
<br />~ the dates to which Rent have been paid; and ('~ any other matters that may be reasonably requested by the .~~
<br />requesting party.
<br />Section 29. ~ Force Majeure - ~ _
<br />If the performance by either of the parties of their respective obligations under this Lease
<br />~ {eacluding monetary obligations) is delayed or prevented in whole or in part by any Legal Requirement
<br />(and not attributable to an act or omission of the party), or by any acts of God, fire or other casualty,
<br />~ floods, storms, eaplosions, accidents, epidemics, waz, civil disorders, strikes or other labor difficulties,
<br />shortage or failure of supply of materials, labor, fuel, power, equipment, supplies or transportation, or by
<br />-~ any other cause not reasonably w'~hin the party's control, whether or not specifically mentioned, the pazty
<br />shall be excused, dischazged, and released of ~erformance to the extent such perforniance or obligation
<br />~ (excluding any monetary obligation) is so limited or prevented by such occnrrence without liability of any ~,
<br />kind.
<br />Section 30. Notices
<br />Q 30.1 ~ 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 certified
<br />mail, postage prepazd, return-receipt requested, and addressed as follows:
<br />ff to Lessor: ~f to Lessee:
<br />~-~ Salem Area Mass Transit District
<br />3140 Del Webb Ave NE
<br />Salem, OR 97303
<br />i -
<br />_~ AIIfl
<br />MBIlOII COUlliy
<br />~ 530 Center St NE Suite 312
<br />~; Salem, OR 97301
<br />j or such other addresses as may be designated by either party by written notice to the other. Except as
<br />otherwise provided in this Lease, every notice, demand, request, or other communication shall be deemed to ~
<br />-% have been given or served on actual receipt.
<br />~; ~ 30.2 Lessee shall immediately send to Lessor, in the manner prescribed above for giving
<br />~~ notice, copies of all notices that it receives with respect to the Premises or Improvements from any
<br />government autlSOrities, fire regulatory agencies, and similazly constituted bodies, and copies of its
<br />responses to such notices. ~
<br /># _~
<br />~_ 30.3 Notwithstanding anything in this section to the contrary, any notice mailed to the last
<br />designated address of any person or party to which a notice may be or is required to be delivered pursuant
<br />~~ _
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