New Search
SECTION 13. DEFAULT <br /> ( ;) <br /> Each of the following events shall be a default by Emerald Valley and a breach of <br /> this lease: <br /> 13.1 FAILURE TO PAY RENT. Failure of Emerald Valley to pay any basic rent <br /> payment within 10 days after it is due. <br /> 13.2 CESSATION OF BMX USE. Failure of Emerald Valley to provide <br /> recreational activities to youth of Lane County in the form of BMX (bicycle motocross) on <br /> the Premises. <br /> 13.3 OTHER PERFORMANCE FAILURES. Failure of Emerald Valley to perform <br /> any other term, condition or covenant of this lease within 20 days after written notice from <br /> County specifying the nature of the failure with reasonable particularity. If the failure is of <br /> such a nature that it cannot be completely remedied within the 20 -day period, the failure <br /> shall not be a default if Emerald Valley begins correction of the failure within the 20 -day <br /> period and thereafter proceeds with reasonable diligence and in good faith to correct the <br /> failures soon as practicable. <br /> 13.4 COUNTY'S REMEDIES UPON DEFAULT. Upon default and after the <br /> notice period described in 13.3 above, County may by notice to Emerald Valley and to any <br /> qualifying mortgagee terminate this lease as of the date of the notice. All of Emerald <br /> ( Valley's rights in the Premises and in all improvements on the Premises shall terminate as <br /> of the date of termination. Promptly after such notice Emerald Valley shall surrender and <br /> vacate the Premises and all improvements broom clean and in good condition. Termination <br /> under this paragraph shall not relieve Emerald Valley from the payment of any sum then <br /> due to County or from any claim for damages previously accrued or then accruing against <br /> Emerald Valley. <br /> SECTION 14. MISCELLANEOUS <br /> 14.1 NONWAIVER. Waiver by either party of strict performance of any provision <br /> or term of this lease shall not be a waiver of or prejudice the party's right to require strict <br /> performance of the same provision or any other provision. <br /> 14.2 NOTICES. All notices under this lease shall be effective on the earlier of actual <br /> receipt or two days after deposit as registered or certified mail, return receipt requested, <br /> postage prepaid and addressed to Emerald Valley or County at such address as either party <br /> may specify by notice to the other party. <br /> 14.3 ATTORNEY FEES. If suit or action is instituted to collect rent, to enforce this <br /> lease, or in connection with any claim or controversy arising out of this lease, the prevailing <br /> party shall be entitled to recover, in addition to costs, such sum as the court may adjudge <br /> reasonable as attorney fees at trial and on any appeal of the suit or action. <br /> WP be /sc /00129/C 8 <br />