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© Commercial Association of Brokers Oregon/SW Washington (2/05)
<br />OFFICE LEASE (OR)
<br />ALL RIGHTS RESERVED
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<br />Landlord hereby agrees to indemnify, defend, protect and hold harmless Tenant, and its agents and employees and 1
<br />its respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities 2
<br />and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence 3
<br />of Hazardous Materials by Landlord, its agents, employees, or contractors on, in or about the Premises, the Building 4
<br />or the Common Areas. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about 5
<br />the Premises, the Building or Common Areas that Tenant, or Tenant's agents or employees, becomes aware of 6
<br />during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or 7
<br />entities. 8
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<br />As used herein, the term "Hazardous Material" means any hazardous or toxic substance , material, or waste 10
<br />which is or becomes regulated by any local governmental authority, the state of Oregon or the United States 11
<br />government. The term "Hazardous Material" includes, without limitation, any material or substance that is (i) defined 12
<br />as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," 13
<br />"hazardous material," or "waste" under any federal, state or local law, (ii) petroleum, and (iii) asbestos. The provisions 14
<br />of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any 15
<br />termination of this Lease. 16
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<br />SECTION 21. ATTORNEY FEES; WAIVER OF JURY TRIAL. 18
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<br />If suit or action is instituted in connection with any controversy arising out of this Lease, including any 20
<br />bankruptcy proceeding, the prevailing party shall be entitled to recover, in addition to costs, such sums as the court 21
<br />may adjudge reasonable as attorney fees at trial and on all appeals or petition for review arising out of such suit or 22
<br />action. If Landlord engages a collection agency to pursue any delinquent amounts owed by Tenant, Tenant shall pay 23
<br />all collection agency fees charged to Landlord, in addition to all other amounts payable under this Lease. Disputes 24
<br />between the parties which are to be litigated shall be tried before a judge without a jury and by initialing below, 25
<br />Landlord and Tenant hereby expressly waive any right to require that any dispute under this Lease be heard before a 26
<br />jury. 27
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<br />Tenant Initials Landlord Initials 30
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<br />SECTION 22. ESTOPPEL. 34
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<br />At any time and from time to time upon not less than ten (10) day’ prior notice from either party, the other 36
<br />party will execute, acknowledge and deliver to the requesting party a certificate certifying whether or not this Lease is 37
<br />in full force and effect and unmodified, if there are any modifications, that the Lease is in full force and effect as 38
<br />modified; that Tenant is in possession of the Premises; the dates to which Rent has been paid in advance and the 39
<br />amount of any Security Deposit or prepaid Rent; and such other matters as may be reasonably requested. If either 40
<br />party fails to deliver a requested certificate within the specified time, such failure shall conclusively establish that the 41
<br />party from whom the certificate was requested confirms that the Lease is in full force and effect, without modification 42
<br />except as may be represented by the requesting party. The parties agree that any such certificate may be relied 43
<br />upon by any existing or prospective holder of an Encumbrance or any prospective transferee of this Lease, the 44
<br />Premises, the Building or the Property. 45
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<br />SECTION 23. QUIET ENJOYMENT. 47
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<br />Landlord warrants that so long as Tenant complies with all terms of this Lease, that Tenant shall have quiet 49
<br />and peaceful possession of the Premises free of disturbance by Landlord or others claiming by or through Landlord. 50
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<br />SECTION 24. FORCE MAJEURE. 52
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<br />If the performance by either party of any provision of this Lease is prevented or delayed by any strikes, 54
<br />lockouts, labor disputes, acts of God, government actions, civil commotions, fire or other casualty, or other causes 55
<br />DocuSign Envelope ID: 58B9EAAB-3323-4198-8EF0-00895196FD5A
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