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8/20/2014 2:16:44 PM
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Parks and Open Space
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21. Default. <br />21.1 The following shall constitute "events of default:" <br />21.1.1 Default in Rent. Failure by The Science Factory to pay rent within thirty <br />(30) days of its due date; <br />21.1.2 Expulsion of Planetarium from Building. Termination of or failure to <br />grant Planetarium the rights described above in Section 17.2, so long as the <br />Planetarium continues to operate a planetarium for benefit of the public and <br />students within the State of Oregon and is not in breach of its lease of a <br />portion of the Building; <br />21.1.3 Failure to Make Building Improvements. Failure by The Science <br />Factory to make expenditures of at least Seventy -five Thousand Dollars <br />($75,000) for renovations, repairs and/or other capital improvements of the <br />Building within the first five (5) years following the Effective Date of this <br />Ground Lease, as provided in Section 3.2 of the Acquisition Agreement <br />first referred to above in Recital F, and/or use by The Science Factory of all <br />or any portion of the Seventy -five Thousand Dollar ($75,000) grant made <br />by City to The Science Factory pursuant to Section 3.2 of the Acquisition <br />Agreement for any purpose other than renovations, repairs and/or capital <br />improvements of the Building, as provided in Section 3.2 of the Acquisition <br />Agreement; <br />21.1.4 Default in Other Covenants. Failure to comply with any term, covenant, <br />condition or other provision of this Lease (other than the payment of rent <br />as provided above in Section 21.1.1 or with respect to Lane ESD as <br />provided above in Section 21.1.2) within thirty (30) days after written <br />notice by City specifying the nature of the default with reasonable <br />particularity; provided, however, that if the nature of the default is such that <br />it cannot reasonably be cured within such thirty (3 0) day period, and fiuther <br />provided that The Science Factory has commenced cure within such thirty <br />(30) day period, there shall be no event of default unless and until The <br />Science Factory fails thereafter diligently to prosecute the cure to <br />completion. <br />21.2 Recurring Default. If The Science Factory cures a default in the manner described <br />in Section 21.1.4 above, in the event of The Science Factory's subsequent failure to <br />comply with the same obligation within any twelve (12) consecutive months or The <br />Science Factory's violation of the same provision within any twelve (12) consecutive <br />months, no notice of the obligation or violation will need to be given prior to <br />declaring a default. <br />GROUND LEASE -10 Exhibit B - Page 10 of 12 <br />
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