Special Project Oversight Committee (SPOC) Report #1

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~ and Marion County 530 Center St NE Suite 312 Salem, OR 97301 or such other addresses as may be designated by either party by written notice to the other. Except as otherwise provided in this Lease, every notice, demand, request, or other communication shall be deemed to have been given or served on actualreceipt. 33.2 (a)Lessee shall immediately send to Lessor, in the manner prescribed above for giving notice, copies of all notices that it receives with respect to the Premises or Improvements from any government authorities, fire regulatory agencies, and similarly constituted bodies, and copies of its responses to such notices. 33.3 Notwithstanding anything in this section to the contrary, any notice mailed to the last designated address of any person or party to which a notice may be or is required to be delivered pursuant to this Lease or this section shall not be deemed 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 accept delivery of the notice. Section 34. Costs and Attorney Fees In the event this Agreement is placed in the hands of an attorney for enforcement, the paRy in default agrees to pay the reasonable costs and expenses of enforcing this Agreement, including reasonable attorneys' fees. In the event a suit or action is filed to enforce this Agreement or to construe or interpret this Agreement, the prevailing party shall be entitled to recover the reasonable costs and expenses of the suit or action, at trial or upon appeal, mcluding reasonable attorneys' 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 protection, to determine dischargeability of any debts, or to ~+F= ~ otherwise assert the interest of the creditor in a bankruptcy proceeding, the debtor shall pay the reasonable ~r costs and expenses incurred by the creditor including reasonable attorneys' fees. Section 35. Waiver No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Section 36. Breach by Lessor In the event any damages are awazded to Lessee against Lessor for breach of this Lease, Lessee's sole recourse shall be against Lessor's interest in the Premises, and Lessor shall have no personal liability therefor. In the event of any claimed breach of this Lease based upon Lessor's failure to grant any consent required under this Lease, Lessee's sole remedy shall be specific performance of the lease provision, without any liability on Lessor's part for damages. Section 37. Entire Agreement This Lease contains the entire agreement between the parties and, except as otherwise provided, °• can' be changed, modified, amended, or terminated only by an instrument in writing executed by the parties. It is mutually acknowledged and agreed by Lessee and Lessor that there are no verbal agreements, representations, warranties, or other understandings affecting this Lease. Section 38. Applicable Law This Lease shall be governed by, and construed in accordance with, the laws of the state of Oregon. Section 39. Interest on Rent Arrearages All anearages 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. ~ Ground Lease Courthouse Square Page - 16 0919970302