Courthouse Square Agreements (compiled notebook)

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i i II Section 40. Brokerage ', ~ Lessor and Lessee represent to each other that they have not employe any brokers in negotiating and consummating the transaction set forth in this Lease, but have negotiated directly with each other. Section 41. Covenants to Bind and Benefit Parties , The covenants and agreements contained in this Lease shall bind and inur~ to the benefit of Lessor, its successors and assigns, and Lessee, its successors and assigns. , Section 42. Captions and Table of Contents ' 42.1 The captions of this Lease are for convenience and reference only, and~~l in no way define, limit, or describe the scope or intent of this Lease or in any way affect this Lease. , 42.2 The table of contents preceding this Lease but under the same cover is ~'Ifor the purpose of convenience and reference only, and is not to be deemed or construed in any way as part'i of this Lease, nor as supplemental or amendatory. ; Section 43. Definition of Lessor , The term Lessor as used in this Lease means only the owner for the time bein' of the Premises, so that in the event of a sale, transfer, conveyance, or other termination of Lessor's intere t in the Premises, Lessor shall be and is entirely freed and relieved of all liability of Lessor thereafter acc ing, and in such event Lessor shall remit any funds held by Lessor, in which Lessee has an interest, to the uccessor owner of the Premises. Lessor shall remain liable for any such money not so remitted. It sha~l be deemed and construed without further agreement between the parties or their successors in interes~, or between the parties and such successor owner of the Premises, that such successor owner has assur~ed and agreed to carry out any and all agreements, covenants, and obligations of Lessor thereafter accruin~~ Section 44. Recordation of Lease ! ~ Lessee may elect that a copy of this Lease or a memorandum, executed and ~acknowledged by both parties, be recorded in the public records of Marion County, Oregon. Lessee shall pay the recording costs. IN WITNESS WHEREOF, Lessee and Lessor have caused this Lease to be exec~uted by their duly authorized officers. ~ LESSOR: Salem Area Mass Transit District Marion County Its Approved as to legal form: Legal Counsel, Salem Area Mass Transit District ~ Ground Lease Courthouse Square Page - 17 0919970302