New Search
19. Estoppel Certificates. Each of the parties to this sublease will, upon the written request of <br />the another party, execute, acknowledge, and deliver an estoppel certificate stipulating that this <br />sublease is unmodified and in full force and effect and the dates to which rental has been paid in <br />advance, if any, and that neither the Sublessee nor the Sublessors are in default under this sublease <br />in any respect, if such be the case, or specifying any modifications or defaults, if such be the case: <br />20. Miscellaneous Provisions. <br />20.1 Notices. Any notices required or permitted to be given under the terms of this <br />sublease, or by law, must be in writing and may be given by personal delivery or certified mail, <br />directed to the parties at the following addresses, or such other address as any party may designate <br />in writing prior to the time of the giving of such notice, or in any other manner authorized by law: <br />KEZI: P.O. Box 7009 <br />Eugene, Oregon 97401 <br />Ackerley: 3825 International Court <br />Springfield, Oregon 97477 <br />Sublessee: 777 Pearl Street <br />Eugene, Oregon 97401 <br />Any notice given will be effective when actually received, or if given by certified mail, then three <br />business days after the deposit of such notice in the United States mail with postage prepaid. Any <br />notice to be given to the Sublessors must be given to both KEZI and Ackerley. <br />20.2 Binding Effect. All of the covenants, agreements, conditions, and terms contained <br />in this sublease will be binding upon, apply, and inure to the benefit of the successors and assigns <br />of the respective parties hereto, and all said covenants must be construed as covenants running with <br />the land. But nothing in this section may be construed as modifying in any way any restrictions on <br />assignment and sublease provided in this sublease. <br />20.3 Litigation Expense. In the event of a default under this sublease, the defaulting <br />party must reimburse the nondefaulting party for all costs and expenses reasonably incurred by the <br />nondefaulting party in connection with the default, including without limitation attorney's fees. <br />Additionally, in the event a suit or action is filed to enforce this sublease or with respect to this <br />sublease, including any proceeding the United States Bankruptcy Court, the prevailing party must <br />be reimbursed by the other party for all costs and expenses incurred in connection with the suit or <br />action, including without limitation reasonable attorney's fees at the trial level and on appeal. <br />20.4 Waiver. No waiver of any right arising out of a breach of any covenant, term, or <br />condition of this sublease will be a waiver of any right arising out of any other or subsequent breach <br />12 - Tower Sublease <br />WK - OWEZI, Inc. 09075\Tower Lease 9075-13\Documents\wicks.towersublease. 100699 <br />