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Northblock- Miscellaneous
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Last modified
9/19/2012 4:29:28 PM
Creation date
8/16/2011 3:27:15 PM
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Building
RecordID
10258
Title
Northblock- Miscellaneous
BLDG Date
1/1/1999
Building
Courthouse Square
BLDG Document Type
Project Coordination
Project ID
CS9801 Courthouse Square Construction
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Section 32. Costs and Attorney Fees <br />~ In the event this Agreement is placed in the hands of an attorney for enforcement, the party <br />in default agrees to pay the reasonable costs and expenses of enforcing this Agreement, including <br />reasonable attorneys' fees. In the event a suit or action is filed to enforce this Agreement or to construe <br />or interpret this Agreement, the prevailing party shall be entitled to recover the reasonable costs and <br />expenses of the suit or action, at tnal or upon appeal, including reasonable attorneys' fees. In the event <br />suit or action is instituted in a Bankruptcy Court to enforce or interpret any of the terms of this <br />Agreement, to seek relief from an automatic stay, to obtain adequate protection, to determine <br />dischargeability of any debts, or to otherwise assert the interest of the creditor in a bankruptcy <br />proceeding, the debtor shall pay the reasonable costs and expenses incurred by the creditor including <br />reasonable attorneys' fees. <br />Section 33. Waiver <br />No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of <br />any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. <br />Section 34. Breach by Lessor <br />In the event any damages are awarded to Lessee against Lessor for breach of this Lease, <br />Lessee's sole recourse shall be against Lessor's interest in the Premises, and Lessor shall have no <br />personal liability therefor. In the event of any claimed breach of this Lease based upon Lessor's failure <br />to grant any consent required under this Lease, Lessee's sole remedy shall be specific performance of <br />the lease provision, without any liability on Lessor's part for damages. <br />5ection 35. Entire Agreement <br />This Lease contains the entire agreement between the parties and, except as otherwise <br />provided, can be changed, modified, amended, or terminated only by an instrument in wntmg executed <br />by the parties. It is mutually acknowledged and agreed by Lessee and Lessor that there are no verbal <br />agreements, representations, warranties, or other understandmgs affecting this Lease. <br />Section 36. Applicable Law <br />This Lease shall be governed by, and construed in accordance with, the laws of the state of <br />Oregon. <br />Section 37. Interest on Rent Arrearages <br />All arrearages in the payment of Rent that Lessee fails to pay within the 30-day period after <br />notice from Lessor shall bear interest from the date due until paid, at the rate defined in Section 8.2 <br />above. <br />5ection 38. Brokerage <br />Lessor and Lessee represent to each other that they have not employed any brokers in <br />negotiating and consummating the transaction set forth in this Lease, but have negotiated directly with <br />each other. <br />Section 39. Covenants to Bind and Benefit Parties <br />The covenants and agreements contained in this Lease shall bind and inure to the benefit of <br />Lessor, its successors and assigns, and Lessee, its successors and assigns. <br />Section 40. Captions and Table of Contents <br />40.1 The captions of this Lease are for convenience and reference only, and in no way <br />define, limit, or describe the scope or intent of this Lease or in any way affect this Lease. <br />40.2 The table of contents preceding this Lease but under the same cover is for the <br />purpose of convenience and reference only, and is not to be deemed or construed in any way as part of <br />this Lease, nor as supplemental or amendatory. <br />Ground Lease Courthouse Squaze <br />Page - 22 <br />
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