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attorneys fees and costs (including but not limited to those incurred in any proceeding in <br />State, Federal, or Bankruptcy court, and any review or appeal), fees penalties, and fines. For <br />purposes of this Paragraph, "Environmental Law" means any federal, state, or local law, <br />statute, ordinance or regulation pertaining to Hazardous Substances, health, industrial <br />hygiene, or environmental condition. For purposes ofthis Paragraph "Hazardous Substance" <br />means all substances, materials, and wastes that are or become regulated or classified as <br />hazardous or toxic under federal, state or local laws or regulations. <br />12. Waiver. Failure by The Science Factory or City to enforce any right under this Agreement <br />shall not be deemed to be a waiver of that right or of any other right. <br />13. Successors and Assigns. Subject to the limitations on The Science Factory's right to transfer <br />all or any portion of the Building set forth elsewhere herein and in the Ground Lease, the <br />terms, covenants, and conditions herein contained shall be binding on and inure to the benefit <br />of the heirs of The Science Factory and City. <br />14. Notices. All notices required or permitted to be given shall be in writing and shall be <br />deemed given and received upon personal service or deposit in the United States Mail, <br />certified or registered mail, postage prepaid, return receipt requested, addressed as follows: <br />The Science Factory: Executive Director <br />P.O. Box 1518 <br />Eugene, Oregon 974440 -1518 <br />City: Facilities Division Manager <br />210 Cheshire Avenue <br />Eugene, Oregon 97401 <br />The foregoing addresses may be changed by written notice, given in the same manner. <br />Notice given in any manner other than the manner set forth above shall be effective when <br />received by the party for whom it is intended. <br />15. Attorney Fees. If litigation is instituted with respect to this Agreement, the prevailing party <br />shall be entitled to recover from the losing party, in addition to all other sums and allowable <br />costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or <br />review, such amount to be set by the court before which the matter is heard. <br />16. Risk of Loss. The Science Factory shall bear the risk of all loss or damage to the Building <br />from all causes, through the Closing Date. If, before the Closing Date, and regardless of <br />whether the Exercise Notice has yet been given or is subsequently given, all or part of the <br />Building is damaged by any cause of any nature, The Science Factory shall give City written <br />notice of such event. City may terminate this Agreement by giving written notice to The <br />Science Factory within fifteen (15) days following receipt by City of written notice from The <br />Science Factory of such casualty or condemnation and The Science Factory will return to <br />OPTION AGREEMENT - 6 Exhibit C - Page 6 of 8 <br />