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the fair rental value of the Premises as agreed by the Parties or, in the event they are unable to agree, as
<br />determined by an MAI appraiser appointed by the Parties. In the event that the Parties are unable to agree
<br />on an MAI appraiser, the appraiser shall be appointed by the Marion County Circuit Court pursuant to ORS
<br />36.320. All Rent shall be paid in advance, on the first day of each month during the Term.
<br />3.2 All amounts payable under Section 3.1 above, as well as all other amounts payable
<br />by Lessee to Lessor under the terms of this Lease, shall be paid at the office of Lessor set forth above„ or at
<br />such other place within the continental limits of the United States as Lessor shall from time to time
<br />designate by notice to Lessee, in lawful money of the United States which shall be legal tender in payment
<br />of all debts and dues, public and private, at the time of payment.
<br />3.3 It is intended that the Minimum Rent provided for in this section shall be an
<br />absolutely net return to Lessor throughout the Term, free of any expense, charge, or other deduction
<br />whatsoever, including all claims, demands, or setoffs of any nature whatsoever.
<br />3.4 Lessee shall also pay without notice, except as may be provided in this Lease, and
<br />without abatement, deduction, or setoff, as additional rent, all sums, impositions, costs, and other payments
<br />which Lessee in any of the provisions of this Lease assumes or agrees to pay, and in th:, °vent of any
<br />nonpayment, Lessor shall have (in addition to all other rights and remedies) all the rights and remedies
<br />provided for in this Lease or by law in the case of nonpayment of the Minimum Rent.
<br />3.5 On each third annual anniversary of the Commencement Date of this Lease, the
<br />Minimum Rent shall be established at an amount equal to the fair rental value of the Premises as agreed by
<br />the PaRies or, in the event they a:e unable to agree, as determined by an MAI appraiser appointed by the
<br />Parties. In the event that the Parties are unable to agree on an MAI appraiser, the appraiser shall be
<br />appointed by the Marion County Circuit Court pursuant to ORS 36.320. The losing party shall pay all the
<br />costs of the arbitration and the reasonable attorney fees incurred in the arbitration by the prevailing party.
<br />Section 4. Use
<br />4.1 The Premises may be used for governmental an or private ffice purposes,
<br />including without limitation administrative offices, retail stores, pro essiona o ices, hotel and residential
<br />uses and, in addition, (if the Salem Area Mass Transit District is the Lessee) for passenger waiting rooms,
<br />- ticket sales office, break room, transit mall and other transit related uses. However, the Premises may not be
<br />used for the offering, sale or display of obscene materials or obscene performances (as defined in Salem
<br />Revised Code 96.030 in as in effect on June 1, 1998); the sale of alcohol (except by a restaurant or eating
<br />establishment other than a tavern or bar); or the sale of tobacco products.
<br />4.2 Anything in this Lease to the contrary notwithstanding, no party (in its capacity as a
<br />party to this Lease and exclusive of the exercise by a party of its police power in a manner generally
<br />applicable to the public), shall have the right to burden or interfere with the operation of the transit system
<br />by the Salem Area Mass Transit District to the extent that such operation is conducted in a manner
<br />reasonably consistent with usual and customary practices of transit system operations, or to burden,
<br />interfere with or prevent access to, or ingress to and egress from, any portion of the Premises held (directly
<br />or indirectly) by the Salem Area Mass Transit District. Notwithstanding any provision of this Lease to the
<br />contrary, this Section 4.2 may not be amended without the approval of the Salem Area Mass Transit District
<br />and the Federal Transit Administration, or the successors to their governmental authority.
<br />4.3 Lessee shall not use or occupy, or permit or suffer all or any part of the Premises or
<br />the Improvements to be used or occupied (1) for any unlawful or illegal business, use, or purpose, (2) in
<br />any such manner to constitute a nuisance of any kind, or (3) for any purpose or in any way in violation of
<br />the certificate of occupancy, or of any Legal Requirements, including but not limited to Legal
<br />Requirements respecting Hazardous Substances, or (4) for any business, use, or purpose deemed
<br />disreputable. The term Hazardous Substance means any hazardous, toxic, or dangerous substance, waste, or
<br />material that is the subject of environmental protection Legal Requirements, including but not limited to the
<br />items listed in the United States Department of Transportation Hazardous Materials Table (49 CFR
<br />§ 172.101) or designated as hazardous substances by the United States Environmental Protection Agency
<br />Continuing Party Ground Lease Courthouse Square
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