Courthouse Square Agreements (compiled notebook)

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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 ~ther. Except as otherwise provided in this Lease, every notice, demand, request, or other communication s all be deemed to have been grven or served on actual receipt. ', 33.2 (a)Lessee shall immediately send to Lessor, in the manner prescribed labove for giving notice, copies of all notices that it receives with respect to the Premises or Improve~ments from any government authorities, fire regulatory agencies, and similarly constituted bodies, afid copies of its responses to such notices. ' 33.3 Notwithstanding anything in this section to the contrary, any notice ailed to the last designated address of any person or party to which a notice may be or is required to be d livered pursuant to this Lease or this section shall not be deemed ineffective if actual delivery cannot b made due to a change of address of the person or party to which the notice is directed or the failure o 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 enforce ent, the party in default agrees to pay the reasonable costs and expenses of enforcing this Agreement, incl ding reasonable attorneys' fees. In the event a suit or action is filed to enforce this Agreement or to con true or interpret this Agreement, the prevailing party shall be entitled to recover the reasonable costs and ex~enses of the suit or action, at trial or upon appeal, including 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 Agreeme t, to seek relief from an automatic stay, to obtain adequate protection, to determine dischargeability of any debts, or to ~ otherwise asseR the interest of the creditor in a bankruptcy proceeding, the debtor shall p I y the reasonable 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 const~tute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing wa ver. Section 36. Breach by Lessor '~, In the event any damages are awarded to Lessee against Lessor for breach of thi~ Lease, Lessee's sole recourse shall be against Lessor's interest in the Premises, and Lessor shall have no ~~ersonal liability therefor. In the event of any claimed breach of this Lease based upon Lessor's failure to ~rant any consent required under this Lease, Lessee's sole remedy shall be specific performance of the ~ lease provision, wrthout any liability on Lessor's part for damages. ', Section 37. Entire Agreement ' This Lease contains the entire agreement between the parties and, except as ot 'erwise provided, can be changed, modified, amended, or terminated only by an instrument in writing xecuted by the parties. It is mutually acknowledged and agreed by Lessee and Lessor that there are no v rbal agreements, representations, warranties, or other understandings affecting this Lease. I Section 38. Applicable Law ', This Lease shall be governed by, and construed in accordance with, the law'~ of the state of Oregon. I Section 39. Interest on Rent Arrearages ' All arrearages 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 Se~tion 8.2 above. ~ Ground Lease Courthouse Square Page - 16 0919970302