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' 01/31/97 FRI 10:32 FAX 541 686 1426 4J SUPERINT OFFI 0 009 <br /> • <br /> service of such notice shall be the date such notice is deposited <br /> in a post office of the United States Post Office Department. <br /> 16. No part of the premises may be assigned, mortgaged <br /> or subleased by Licensee, nor may a right of use of any portion <br /> of the premises be conferred on any person voluntarily or <br /> involuntarily by other means, without prior written consent of <br /> Owner. However, nothing contained herein shall bar the assign- <br /> ment of this agreement by the Licensee to a successor non-profit <br /> corporation formed by licensee, and Owner expressly consents to <br /> said assignment. <br /> 17. Failure by Owner to require Licensee's strict per- <br /> formance of any term of this agreement shall not affect Owner's <br /> right to enforce the same, nor shall a waiver of default be <br /> construed to be a waiver of any succeeding default or a waiver of <br /> this clause. To be effective, any waiver by Owner must be writ- <br /> , <br /> ten and signed by Owner. However, Licensee may assign this <br /> agreement to a corporation it intends to form. <br /> 18. If suit or action is instituted by either party to <br /> establish or enforce any right under this agreement; to recover <br /> any amounts due hereunder; to correct a breach of any covenant, <br /> term or condition; or to litigate any other matter arising from <br /> • <br /> the execution of this agreement, the prevailing party in the <br /> trial court and the prevailing party on any appeal shall recover <br /> •.'', ., reasonable attorney's fees awarded by the trial and appellate <br /> courts in* addition to costs and disbursements. This provision <br /> shall survive any termination of this agreement. <br /> 8 - SWEDE JOHNSON STADIUM LICENSE AGREEMENT - - <br />