Courthouse Square Agreements (compiled notebook)

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~ 20.5 Each right and remedy provided for in this Lease shall be cumulati~ addition to every other right or remedy provided for in this Lease or now or hereafter ex equity or by statute or otherwise, and the exercise or beginning of the exercise by Lesso~ one or more of the rights or remedies provided for in this Lease or now or hereafter ex equity or by statute or otherwise shall not preclude the simultaneous or later exercis question of any or all other rights or remedies provided for in this Lease or now or hereaf or in equity or by statute or otherwise. 20.6 Notwithstanding any of the foregoing subsections to the contrary, c submitted to the Oregon Condominium Act, no act or failure to act by a unit owner default under this Lease except with respect to the defaulting unit owner. No unit owner under this Lease solely as a consequence of the act or omission of another unit owner. I result of the act or omission of the association of condominium unit owners, no individu; be in default under this Lease if such unit owner pays to Lessor the unit owner's proport rent and other charges due within thirty (30) days after notice from Lessor of the de owner uses its best efforts to cause the association to cure the default. Nothing in this Le; prevent Lessor from seeking specific performance of any obligation in this Lease. and shall be in ~ting at law or in or Lessee of any ting at law or in by the party in ;r existing at law ~ce the Project is ~hall constitute a hall be in default the default is the unit owner shall ~nate share of the ault and the unit ~e, however, shall Section 21. No Abatement of Rent I 21.1 Except as otherwise specifically provided in this Lease, no abatement, r~fund, diminution, or reduction of Rent or other compensation shall be claimed by or allowed to Lesse , or any person claiming under it, under any circumstances, whether for inconvenience, discomfort, inte ption of business, or otherwise, arising from work on Improvements, by virtue or because of Legal Req irements, or the occurrence of any matters referred to in Sections 7(casualty damage) and 16 (condemnat' n) of this Lease, or for any other reason, cause, or occurrence. i 21.2 Unless caused by Lessor, if any adjoining Building or structure e croaches on the Premises, no claim, demand, or objection of any kind shall be made by Lessee against L sor by reason of such encroachments; no claim for abatement of Rent due under this Lease shall be made y reason of such ~ encroachments or acts of, or in connection with, removal of the encroachments. The rig ts, liabilities, and 'obligations of the parties shall be the same as if there were no encroachments. In ny related legal proceedings, the Premises may properly and without prejudice be described according o the description previously used without reference to any such encroachments. Lessor agrees to coopera e with Lessee in any proceedings sought by Lessee to remove such encroachments, provided such coo~eration 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 th s Lease shall be absolutely net to Lessor, so that this lease shall yield, net to Lessor, the rents specified in is Lease in each year during the term of this Lease. All costs, expenses and obligations of every kind and ature whatsoever relating to the Premises (except as otherwise specifically provided in this Lease) shall be pa~id by Lessee. Section 23. Protection of Mortgagee. '~ During the continuance in effect of any mortgage of any interest under this L~ease, Lessor will not terminate any interest under this Lease because of any default on the part of Less~ee to observe or perform any of the covenants or conditions contained in this Lease if the mortgagee r its assigns has advised Lessor in writing of the existence of its moRgage and, within sixty (60) days after essor has mailed to the mortgagee or its assigns at its last known address a written notice of intention to te inate 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 consi ting of Lessee's failure promptly to discharge any lien, charge or encumbrance against the leasehold estate junior in priority to such mortgage shall be deemed to be duly cured if such mortgage shall be foreclose by appropriate action instituted within the 60-day period and thereafter prosecuted in diligent and tim ly 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