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10. Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the <br />prevailing party shall recover from the losing party reasonable attorney fees incurred in such <br />action as set by the trial court and, in the event of appeal, as set by the appellate courts. <br />11. Notices. Any notice required by this Agreement shall be in writing and may be delivered <br />and served personally, or alternatively, may be deposited in the United States mail, postage <br />prepaid, registered or certified, return receipt requested and regular first class mail, addressed <br />to the parties as shown below: <br />City: Facilities Division Manager <br />210 Cheshire Avenue <br />Eugene, Oregon 97401 <br />The Science Factory: Executive Director <br />P.O. Box 1518 <br />Eugene, Oregon 974440-1518 <br />Such notice, if mailed within the State of Oregon, shall be deemed delivered upon the second <br />day following the date postmarked. If mailed outside the State of Oregon, notice shall be <br />deemed delivered upon the fifth day following the date postmarked. Either party may change <br />the person to receive notice by giving notice of the change to the other party. <br />12. Applicable Law. This Agreement shall be construed, applied, and enforced in accordance <br />with the laws of the state of Oregon. <br />13. Statutory Notice. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT <br />BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE <br />PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN <br />FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING <br />OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR <br />FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE <br />SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE <br />TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR <br />COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND <br />EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. <br />14. Entire Agreement. This Agreement, the Ground Lease and the Option Agreement <br />(collectively, the "Property Transfer Agreements ") embody the entire understanding of the <br />parties with respect to purchase and sale of the Building. The Property Transfer Agreements <br />supersede any and all prior negotiations, discussions, agreements, and understandings <br />between the parties relating to the potential sale of the Building. This Agreement may not <br />be modified or amended except by a written agreement executed by both parties. <br />ACQUISITION AGREEMENT - 5 <br />