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28.4 Lessor shall not be responsible for any loss or damage occurring to any property owned
<br />by Lessee or any sublessee.
<br />28.5 The provisions of this section shall survive any termination of this Lease.
<br />Section 29. Invalidity of Particular Provisions
<br />If any term or provision of this Lease or the application of the Lease to any person or
<br />circumstances is, to any extent, invalid or unenforceable, the remainder of this Lease, or the application of
<br />such term or provision to persons or circumstances other than those as to which it is held invalid or
<br />unenforceable, shall not be affected, and each term and provision of this Lease shall be valid and be
<br />enforced to the fullest extent permitted by law.
<br />Section 30. No Representations
<br />Lessee acknowledges that it has examined the Premises and that no representations as to the
<br />condition of the Premises have been made by Lessor or any agent or person acting for Lesso~ see shall
<br />expressly provided in this Lease). Before any construction commences on the Premises,
<br />conduct tests of the subsurface and soil conditions to ascertain the suitability of the Premises for the
<br />contemplated Project and shall furnish such fill and take such other steps as may be required before the
<br />commencement of constcuction. Lessor shall have no liability because of, or as a result of, the existence of
<br />any subsurface or soil condition, either on the Premises or on adjacent land, that might affect Lessee's
<br />construction.
<br />Section 31. Estoppel Certificate
<br />Either party, within 10 days after a request from time to time made by the other party and
<br />without chazge, shall give a certification in writing to any person, firm, or corporation reasonably specified
<br />by the requestmg party stating (1) that this Lease is then m 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 of 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 far as the maker (if Lessor)
<br />of the certificate knows, no event has occurred that authorized, or with the lapse of time will authorize,
<br />Lessee to terminate this Lease, or if such event has occurred, stating such event; (5) that as far as the maker
<br />of the certifi~hich R nt have bee pa dasand (7)f any~othercmatte s that may be reasonably requestedeby the
<br />the dates to
<br />requesting party.
<br />Section 32. Force Majeure
<br />If the performance by either of the parties of their respective obligations under this Lease
<br />(excluding 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, explosions, accidents, epidemics, war, civil disorders, strikes or other labor difficulties,
<br />shortage or failure of sul3ply of materials, labor, fuel, power, equipment, supplies or transportation, or by
<br />any other cause not reasonably within the party's control, whether or not specifically menttoned, the party
<br />shall be excused, discharged, and released of performance to the extent such performance or obligation
<br />(e~cluding any monetary obligation) is so limited or prevented by such occurrence without liability of any
<br />kind.
<br />Section 33. Notices
<br />33.1 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 nohfied or sent by United States registered or certified
<br />mail, postage prepaid, return-receipt requested, and addressed as follows:
<br />If to Lessor:
<br />Salem Area Mass Transit District
<br />3140 Del Webb Ave NE
<br />Salem, OR 97303
<br />If to Lessee:
<br />Marion County
<br />530 Center St NE Suite 312
<br />Salem, OR 97301
<br />Ground Lease Courthouse Square
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