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~; to this Lease or this section shalt not be deemerl ineffective if actual delivery cannot be made due to a change of address of the person or party to which the notice is directed or the failure or refusal of such ( person or party to ~ccept delivery of the notice. , I~ ~- Section 31. Costs and Attorney Fees In the event this Agreement is placed in the hands of an attorney for enforcement, the party in default agrees to pay the reasonable costs and expenses of enforcing this Agreement, including `: reasonable attomeys' fees. In the event a suit or action is filed to enforce this Agreement or to construe or interpret this Agreement, the prevailing pazty shall be entitled to recover the reasonable costs and expenses of the suit or action, at trial or upon appeal, including reasonable attomeys' fees. In the event suit or action [; is instituted in a Bankruptcy Court to enforce or interpret any of the terms of this Agreement, to seek relief ~ from an automatic stay, to obtain adequate ~rotection, to determine dischazgeability of ariy debts, or to otherwise assert the interest of the creditor m a bankruptcy proceeding, the debtor shall pay the reasonable D ~ costs and expenses incurred by the creditor including reasonable attomeys' fees. . Section 32. Waiver • No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similaz, nor shall any waiver constitnte a continuing waiver. ~~ Section 33. Breacli b Less r . Y o , In the event any damages are awarded to Lessee against Lessor for breach of t~ris Lease, (~1 Lessee's sole recourse shall be against Lessor's interest in the Premises, and Lessor shall have no personal L; liability therefor. In the event of any claimed breach of this Lease based upon Lessor's failure to grant any consent required under tlus Lease, Lessee's sole remedy shall be specific performance of the lease provision, without any liability on Lessor's part for damages. ~ Section 34. Entire Agreement . This Lease contains the entire agreement between the parties and,• except as otherwise ~ provided,~ can be changed, modified, am,ended, or terminated only by an instcvment in writing executed by the parties. It is mutually aclmowledged and agreed by Lessee and Lessor that there are no verbal agreements, representations, wananties, or other understandings affecting this Lease. ~ rt Section 35. AppUcable Law L_i ~ This Lease shall be governed by, and construed in accordance with, the laws of the state of Oregon. r Section 36. Interest on Rent Arrearages All arrearages in the payment of Rent that Lessee fails to pay within the 30-day period after notice from Lessor shall bear interest from the date due until paid, at the rate defined in Section 8.2 above. .~ ~ Section 37. Br~ukerage Lessor and Lessce represent to each other that they have not employed any brokers in negotiating and consummating the transaction set forth in this Lease, but have negotiated directly with each ~ other. ~ Section 38. Covenants to Bind antl Benefit Parties , The covenants and agreements contained in this Lease shall bind and inure to the benefit of Lessor, its successors and assigns, and Lessee, its successors and assigns. _~ Section 39. Captions and Table of Contents ~ 'i 39.1 The captions of this Lease aze for convenience and reference only, and in no vuay ~: define, limit, or describe the scope or intent of this Lease or in any way affect this Lease. 39.2 The table of contents preceding this Lease but under the sazne cover is for the l 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. ~ Continuing Party Ground L.ease Courthouse Square Page - 15 ~ 1026980259