Special Project Oversight Committee (SPOC) Report #1

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~ 20.5 Each right and remedy provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Lessor or Lessee of any one or more of the rights or remedies provided for in this Lease or now or hereafter ~existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party in question of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. 20.6 Notwithstanding any of the foregoing subsections to the contrary, once the Project is submitted to the Oregon Condominium Act, no act or failure to act by a unit owner shall constitute a default under this Lease except with respect to the defaulting unit owner. No unit owner shall be in default under this Lease solely as a consequence of the act or omission of another unit owner. If the default is the result of the act or omission of the association of condominium unit owners, no individual unit owner shall be in default under this Lease if such unit owner pays to Lessor the unit owner's propoRionate share of the rent and other charges due within thirty (30) days after notice from Lessor of the default and the unit owner uses its best efforts to cause the association to cure the default. Nothing in this Lease, however, shall prevent Lessor from seeking specific performance of any obligation in this Lease. Section 21. No Abatement of Rent 21.1 Except as otherwise specifically provided in this Lease, no abatement, refund, diminution, or reduction of Rent or other compensation shall be claimed by or allowed to Lessee, or any person claiming under it, under any circumstances, whether for inconvenience, discomfort, intenuption of business, or otherwise, arising from work on Improvements, by virtue or because of Legal Requirements, or the occurrence of any matters referred to in Sections 7(casualty damage) and 16 (condemnation) of this Lease, or for any other reason, cause, or occurrence. 21.2 Unless caused by Lessor, if any adjoining Building or structure encroaches on the Premises, no claim, demand, or objection of any kind shall be made by Lessee against Lessor by reason of such encroachments; no claim for abatement of Rent due under this Lease shall be made by reason of such ~ encroachments or acts of, or in connection with, removal of the encroachments. The rights, liabilities, and obligations of the parties shall be the same as if there were no encroachments. In any related legal proceedings, the Premises may properly and without prejudice be described according to the description previously used without reference to any such encroachments. Lessor agrees to cooperate with Lessee in any~ proceedings sought by Lessee to remove such encroachments, provided such cooperation does not cause Lessor to incur any expense. Section 22. Net Lease It is the intent of Lessor and Lessee that the rent specified and reserved in this Lease shall be absolutely net to Lessor, so that this lease shall yield, net to Lessor, the rents specified in this Lease in each year during the term of this Lease. All costs, expenses and obligations of every land and nature whatsoever relating to the Premises (except as otherwise specifically provided in this Lease) shall be paid by Lessee. Section 23. Protection of Mortgagee. During the continuance in effect of any mortgage of any interest under this Lease, Lessor will no terminate any interest under this Lease because of any default on the part of Lessee to observe or °~ pe~orm any of the covenants or conditions contained in this Lease if the mortgagee or its assigns has advised Lessor in writing of the existence of its mortgage and, within sixty (60) days after Lessor has mailed to the mortgagee or its assigns at its last known address a written notice of intention to terminate this Lease for such cause, shall cure such default if the same can be cured by the payment of money, or if such is not the case, shall undertake in writing to perform and shall thereafter perform within the 60-day period all of the covenants of this Lease capable of performance by the mortgagee or its assigns until such time as the leasehold estate shall be sold upon foreclosure of such mortgage, and any default consisting of Lessee's failure promptly to discharge any lien, charge or encumbrance agamst the leasehold estate juntor in priority to such mortgage shall be deemed to be duly cured if such mortgage shall be foreclosed by appropriate action instituted within the 60-day period and thereafter prosecuted in diligent and timely manner. No agreement between Lessor and any Lessee of this Lease amending or terminating this Lease as to any ~ Ground Lease Courthouse Square Page - 13 0919970302