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28.4 Lessor shall not be responsible for any loss or damage occuning to a~y property owned
<br />by Lessee or any sublessee.
<br />~ 28.5 The provisions of this section shall survive any termination of this Leas' .
<br />~
<br />Section 29. Invalidity of Particular Provisions '
<br />If any term or provision of this Lease or the application of the Lease o 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 s held invalid or
<br />unenforceable, shall not be affected, and each term and provision of this Lease shal be valid and be
<br />enforced to the fullest extent permitted by law. ~
<br />~
<br />If to Lessor:
<br />Salem Area Mass Transit District
<br />3140 Del Webb Ave NE
<br />Salem, OR 97303
<br />Section 30. No Representations
<br />Lessee acknowledges that it has examined the Premises and that no represe
<br />condition of the Premises have been made by Lessor or any agent or person acting for
<br />expressly provided in this Lease). Before any construction commences on the Prem
<br />conduct tests of the subsurface and soil conditions to ascertain the suitability of the
<br />contemplated Project and shall furnish such fill and take such other steps as may be re
<br />commencement of construction. Lessor shall have no liability because of, or as a result o
<br />any subsurface or soil condition, either on the Premises or on adjacent land, that mig
<br />construction.
<br />Section 31. Estoppel Certi~icate
<br />Either party, within 10 days after a request from time to time made by th
<br />without charge, shall give a certification in writing to any person, firm, or corporation, re~
<br />by the requesting party stating (1) that this Lease is then in full force and effect and
<br />modified, stating the modifications; (2) that Lessee is not in default in the payment of Re
<br />in default, stating such default; (3) that as far as the maker of the certificate knows, r
<br />default in the performance or observance of any other covenant or condition to be perfo
<br />under this Lease, or if either party is in default, stating such default; (4) that as far as the
<br />of the certificate knows, no event has occurred that authorized, or with the lapse of tir
<br />Lessee to terminate this Lease, or if such event has occurred, stating such event; (5) that a
<br />of the certificate knows, neither party has any offsets, counterclaims, or defenses, or, if so
<br />the dates to which Rent have been paid; and (7) any other matters that may be reasonabl}
<br />requesting party.
<br />Section 32. Force Majeure
<br />If the performance by either of the parties of their respective obligations
<br />(excluding monetary obligations) is delayed or prevented in whole or in part by any L
<br />(and not attributable to an act or omission of the party), or by any acts of God, fire
<br />floods, storms, explosions, accidents, epidemics, war, civil disorders, strikes or other
<br />shortage or failure of supply of materials, labor, fuel, power, equipment, supplies or tra
<br />any other cause not reasonably within the party's control, whether or not specifically m~
<br />shall be excused, discharged, and released of performance to the extent such perform
<br />(excluding any monetary obligation) is so limited or prevented by such occurrence withc
<br />kind.
<br />Section 33. Notices
<br />33.1 Any notice required or permitted by the terms of this Lease shall be
<br />delivered personally to an officer of the party to be notified or sent by United States regi;
<br />mail, postage prepaid, return-receipt requested, and addressed as follows:
<br />If to Lessee:
<br />Marion County
<br />530 Center St NE Suite 312
<br />Salem, OR 97301
<br />itations as to the
<br />~essor (except as
<br />ses, Lessee shall
<br />Premises for the
<br />~uired before the
<br />; the existence of
<br />it affect Lessee's
<br />other party and
<br />~onably specified
<br />inmodified, or if
<br />t to Lessor, or if
<br />;ither party is in
<br />med or observed
<br />naker (if Lessor)
<br />e will authorize,
<br />far as the maker
<br />stating them; (6)
<br />requested by the
<br />~nder this Lease
<br />gal Requirement
<br />r other casualty,
<br />abor difficulties,
<br />sportation, or by
<br />~tioned, the party
<br />ice or obligation
<br />t liability of any
<br />deemed given if
<br />tered or certified
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