2008/01/30 Council Agenda Packet

are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly,if any installment of rent or any sum due from Tenant shall not be received within 10 days of when due, then Tenant shall pay to Landlord a late charge equal to five percent of such overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charges by the Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. 30J. Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties hereto. 30K. Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles,acts of God,or any other cause beyond the reasonable control of the Landlord. 30L. Partial Invalidity. Any provision of this Lease which shall prove to be invalid,void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect. 30M. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall,whenever possible,be cumulative with all other remedies at law or in equity. 30N. Choice of Law. This Lease shall be governed by the laws of the state and county in which the Premises are located. 300. Attorneys' Fees and Interest. In the event of any action or proceeding brought by either party against the other under this Lease,the prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable as attorneys'fees. In addition,should it be necessary for Landlord or Tenant to employ legal counsel to enforce any of the provisions herein contained, the prevailing party shall be entitled to all attorneys' fees and court costs reasonably incurred. In addition,any amount of money not paid when due under this Lease hall bear interest from the date due at the rate of twelve(12%)percent per annum from the date due until the date paid. 30P. Sale of Premises by Landlord. In the event of any sale of the Premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser,to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. 30Q. Notices. All notices and demands which may or are to be required or permitted to be given by either party on the other hereunder shall be in writing. All notices and demands by the Landlord to the Tenant shall be sent by United States Mail, postage prepaid, addressed to the Tenant at the Premises,and to the address hereinbelow,or to such other place as Tenant may form time to time designate in a notice to the Landlord. All notices and demands by the Tenant to the Landlord shall be sent by United States Mail, postage prepaid, addressed to the Landlord at the address set forth herein, and to such other person or place as the Landlord may form time to time designate in a notice to the Tenant. To Landlord at: Mike Gunn, Director of Facilities, Everett School District No. 2, 3715 Oakes Avenue, Everett, WA 98201 with a copy to Brett Carlton, Sr. Vice President, Coast Real Estate Services,2829 Rucker Avenue,Suite 100,Everett,WA 98201 . t 99999-6028/LEGAL 13867066.1