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provisions contained in this Lease and Lessor or Lessee employs attorneys in connection with the <br /> enforcement of this Lease, then the nonprevailing party shall pay the prevailing party its <br /> reasonable attorneys' fees and costs, whether or not suit is commenced, including any costs on <br /> appeal. <br /> ARTICLE 11 <br /> RIGHTS OF HOLDERS OF PERMITTED DEBT <br /> Section 11.1 Pledge of Revenues. Lessee shall be permitted to pledge Gross Income <br /> of the Regional Center, subject to payment of Impositions and Operating Expenses, to the <br /> holders of Permitted Debt as authorized by Chapter 35.57 RCW. <br /> Section 11.2 No Impairment of Rights of Holders of Permitted Debt.. So long as <br /> all Permitted Debt incurred by Lessee with respect to the Regional Center has not been fully paid <br /> or defeased in accordance with the terms of such Permitted Debt, Lessor shall not exercise its <br /> remedies under this Lease for any default by Lessee in a manner that materially and adversely <br /> impairs the rights of holders of Permitted Debt under the terms thereof <br /> ARTICLE 12 <br /> CONDEMNATION <br /> Section 12.1 Total Taking. Lessor and Lessee agree that should the whole of the <br /> Premises be taken (which term when used in this Article 12 shall include any conveyance in <br /> avoidance or settlement of condemnation or eminent domain proceedings)by the government of <br /> the United States, State of Washington, or any other government or power whatsoever, or by any <br /> corporation under the right of eminent domain, then this Lease shall terminate as of the date of <br /> taking of possession by the condemning authorities and all net assets to be distributed (a) first to <br /> or for the benefit of the holders of Permitted Debt to the extent required to fully pay and/or <br /> defease such Permitted Debt in accordance with its terms, and (b)the balance to the Lessor. <br /> Section 12.2 Partial Taking. Lessor and Lessee agree that should the fee simple title <br /> to a part of the Premises be taken by the government of the United States, State of Washington, <br /> or any other government or power whatsoever, or by any corporation under the right of eminent <br /> domain, then in such event this Lease shall nevertheless continue in effect as to the remainder of <br /> the Premises unless in Lessor's and Lessee's judgment so much of the Premises shall be so taken <br /> or condemned as to make it economically unsound to attempt to use the remainder for the uses <br /> and purposes contemplated herein, in which latter event this Lease shall terminate as of the date <br /> of taking of possession by the condemning authority in the same manner as if the whole of the <br /> Premises had been thus taken or condemned. In the event Lessor and Lessee are unable to agree <br /> as to whether use of the remainder of the Premises is economically unsound, the matter shall be <br /> submitted to arbitration as provided in Article 21. In the event of such taking or condemnation <br /> of a portion of the Premises where this Lease is not terminated thereby under the provisions of <br /> this Section 12.2, Rent payable during the remainder of the Term after taking of possession by <br /> said condemning authority shall be reduced on a just and proportionate basis considering the <br /> relative value and square footage of the portion of the Premises thus taken or condemned as <br /> 22 <br /> GROUND LEASE COE--EPFD <br />