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~, Section 40. 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 each <br />other. <br />Section 41. 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 42. Captions and Tabte of Contents <br />42.1 The captions of this Lease are for convenience and reference only, and in no way define, <br />limit, or describe the scope or intent of this Lease or in any way affect this Lease. <br />42.2 The table of contents preceding this Lease but under the same cover is for the purpose of <br />convenience and reference only, and is not to be deemed or construed in any way as part of this Lease, nor <br />as supplemental or amendatory. <br />Section 43. Definition of Lessor <br />The term Lessor as used in this Lease means only the owner for the time being of the Premises, <br />so that in the event of a sale, transfer, conveyance, or other termination of Lessor's interest in the Premises, <br />Lessor shall be and is entirely freed and relieved of all liability of Lessor thereafter accruing, and in such <br />event Lessor shall remit any funds held by Lessor, in which Lessee has an interest, to the successor owner of <br />the Premises. Lessor shall remain liable for any such money not so remitted. It shall be deemed and <br />construed without further agreement between the parties or their successors in interest, or between the <br />parties and such successor owner of the Premises, that such successor owner has assumed and agreed to <br />carry out any and all agreements, covenants, and obligations of Lessor thereafter accruing. <br />Section 44. Recordation of Lease <br />~r~- Lessee may elect that a copy of this Lease or a memorandum, executed and acknowledged by <br />~rr~ both parties, be recorded in the public records of Marion County, Oregon. Lessee shall pay the recording <br />costs. <br />IN WITNESS WHEREOF, Lessee and Lessor have caused this Lease to be executed by their duly <br />authorized officers. <br />LESSOR: <br />Salem Area Mass Transit District Marion County <br />Its: <br />~ Approved as to legal form: <br />Legal Counsel, Salem Area Mass Transit District <br />~ Ground Lease Courthouse Square <br />Page - 17 <br />0919970302 <br />