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harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses
<br /> (including without limitation, diminution in value of the Premises, damages for the loss or restriction
<br /> on use of rentable or usable space or any amenity of the Premises, damages arising from any
<br /> adverse impact on marketing of the Premises, and sums paid in settlement of claims, attorney fees,
<br /> consultant fees and expert fees) which arise during or after the lease term because of the
<br /> contamination by hazardous materials as a result of the use or activities of Lessee, Lessee's agents,
<br /> contractors and invitees. This indemnification includes, without limitation, costs incurred in connection
<br /> with any investigation of site conditions or any cleanup, remedial, removal or restoration work
<br /> required by any federal, state or local governmental agency or political subdivision because of the
<br /> presence of hazardous materials in the soil or ground water on or coming from the Premises, Without
<br /> limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted
<br /> by Lessee, or Lessee's agents, contractors or invitees, results in contamination of the Premises,
<br /> Lessee shall promptly take all actions at its sole expense as are necessary to return the Premises to
<br /> the condition existing prior to the release of any such hazardous material. Nevertheless, City shall
<br /> have the right to order Lessee to cease any cleanup or mitigation activity if such actions would
<br /> potentially have any material adverse long-term or short-term effect on the Premise. The foregoing
<br /> indemnity shall survive the expiration or termination of this lease.
<br />
<br />16. Assignment and Subleasing. Lessee's interest in this lease shall not be assigned or sub-let, without
<br /> City's prior written consent. Lessee acknowledges that the restriction on assignment and subleasing
<br /> are intended to give City sole discretion concerning what persons or organizations occupy and use the
<br /> Premises. Notwithstanding any provisions of law or otherwise, Lessee agrees that in the event of an
<br /> assignment or sublease, Lessee remains fully liable under this agreement.
<br />
<br />17. Holding Over - Tenancy at Sufferance. If, after expiration or earlier termination of this lease,
<br /> Lessee shall remain in possession of the Premises and improvements, with or without the express
<br /> written consent of City, then Lessee shall be a tenant at sufferance only, at a rental rate equal to the
<br /> fair market rental value of the Premises at the date of termination or expiration.
<br />
<br />18. Condition at End of Term. Upon expiration of the lease term or earlier termination, Lessee shall
<br /> deliver all keys to City and surrender the Premises and improvements thereto in clean and
<br /> undamaged condition, except for wear and tear, and broom clean.
<br />
<br />19. Notices. Any notice required or permitted under this lease may be delivered and served personally,
<br /> or alternatively, may be deposited in the United States mail, postage prepaid, registered or certified,
<br /> return receipt requested, addressed to the parties as shown below:
<br />
<br /> CITY: LESSEE:
<br /> Emmy Jenson Elaine Barrett
<br /> Real Property and Lease Manager President, Board of Directors
<br /> CS / FAC Emerald Empire Council on Aging
<br /> 210 Cheshire Avenue 996 Jefferson Street
<br /> Eugene, Oregon 97401 Eugene, Oregon 97402
<br /> 541-682-5190 541-342-1881
<br />
<br /> Such notice, if mailed within the State of Oregon, shall be deemed delivered upon the second day
<br /> following the date postmarked. If mailed outside the State of Oregon, notice shall be deemed
<br /> delivered upon the fifth day following the date postmarked.
<br />
<br />20. Default. The following shall constitute "Events of Default:"
<br />
<br />2006-03803
<br />Kaufman Senior Center Lease Page 8
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