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( b) If Lessee, whether by action or inaction, is in default of any~ of its obligations
<br />under this Lease (other than a default in the payment of Rent by Lessee) and such defau t continues and is
<br />not remedied within 60 days after Lessor has given Lessee a notice specifying the same, r, in the case of a
<br />' default that can be cured but not within a period of 60 days, if Lessee has not (1) comm nced curing such
<br />default within such 60-day period; (2) notified Lessor of Lessee's intention to cure t e default; or (3)
<br />continuously and diligently completed the cure of the default. '
<br />20.2 During any 12-month period, Lessee shall be entitled to only two n~tices pursuant to
<br />Section 18.1(a). ,
<br />20.3 Upon the occurrence of an event of default, Lessor may exercise any ne or more of the
<br />remedies set forth in this section or any other remedy available under applicable law o~ contained in this
<br />Lease:
<br />( a) Lessor or Lessor's agents and employees may immediatel}~ or at any time
<br />thereafter reenter the Premises either by summary eviction proceedings or by any uitable action or
<br />proceeding at law, or by force or otherwise, without being liable to indictment, prosecutio , or damages, and
<br />may repossess the same, and may remove any person from the Premises, to the end that Lessor may have,
<br />hold, and enjoy the Premises. ,
<br />~
<br />( b) Lessor may relet the whole or any part of the Premises from ti e to time, either
<br />in the name of Lessor or otherwise, to such Lessees, for such terms ending before, on, or ter the expiration
<br />date of the Lease Term, at such rentals and on such other conditions (including concessi ns and free rent)
<br />as Lessor may determine to be appropriate. To the extent allowed under Oregon law, Le'sor shall have no
<br />obligation to relet all or any part of the Premises and shall not be liable for refusal to rele the Premises, or,
<br />in the event of such reletting, for refusal or failure to collect any rent due on such reletti g; and any action
<br />of Lessor shall not operate to relieve Lessee of any liability under this Lease or othe wise affect such
<br />liability. Lessor at its option may make such physical changes to the Premises as L ssor, in its sole
<br />discretion, considers advisable and necessary in connection with any such reletting or p~ oposed reletting,
<br />without relieving Lessee of any liability under this Lease or otherwise affecting Lessee's lia~bility.
<br />(c) Whether or not Lessor retakes possession or relets the Premis s, Lessor has the
<br />right to recover its damages, including without limitation all lost rentals, all legal expenses~ all costs incurred
<br />by Lessor in restoring the Premises or otherwise preparing the Premises for reletting, and ~all costs incurred
<br />by Lessor in reletting the Premises. ~
<br />( d) To the extent permitted under Oregon law, Lessor may su I' periodically for
<br />damages as they accrue without barring a later action for further damages. Lessor ay in one action
<br />recover accrued damages plus damages attributable to the remaining Lease Term equal to the difference
<br />between the Rent reserved in this Lease for the balance of the Lease Term after the time f award, and the
<br />fair rental value of the Premises for the same period, discounted at the time of award at a r asonable rate not
<br />to exceed 10% per annum. If Lessor has relet the Premises for the period that other ise would have
<br />constituted all or part of the unexpired portion of the Tenn, the amount of rent reserved on such reletting
<br />shall be deemed, prima facie, to be the fair and reasonable rental value for the part or ;the whole of the
<br />Premises so relet during the term of the reletting.
<br />20.4 No failure by Lessor to insist on the strict performance of any agreemen
<br />or condition of this Lease or to exercise any right or remedy consequent upon a breach, a
<br />of full or partial Rent during the continuance of any such breach, constitutes a waiver of a~
<br />of such agreement, term, covenant, or condition. No agreement, term, covenant, or
<br />performed or complied with by Lessee, and no breach by Lessee, shall be waived, alte
<br />except by a written instrument executed by Lessor. No waiver of any breach shall affect o
<br />but each and every agreement, term, covenant, and condition of this Lease shall continue
<br />effect with respect to any other then-existing or subsequent breach.
<br />t, term, covenant,
<br />nd no acceptance
<br />~y such breach or
<br />condition to be
<br />red, or modified
<br />- alter this Lease,
<br />in full force and
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