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KITTITAS COUNTY AIRPORT <br />the unexpired portion of this lease and re -letting the property to another tenant, in <br />the event that any regulation governing airports or county property is amended in a <br />way that impacts the Lessor's ability to lease, use, control, protect, or maintain the <br />Property. For the purposes of this section, "regulation" is defined to include, but is <br />not limited to: case law interpreting any rule or regulation; any federal rules and <br />regulations, including Federal Aviation Administration rules and regulations; state <br />rules and regulations; and local rules, regulations and ordinances. <br />In the event that Lessor shall elect to modify or terminate this lease, Lessor shall do <br />so only upon one hundred twenty (120) days written notice, notifying Lessee, at <br />Lessee's address of record, that the lease to which this applied is being so modified <br />or terminated. <br />Upon receipt of such notification, and in the event the notification specified <br />modification of the lease short of termination, Lessee shall have sixty (60) days in <br />which to notify Kittitas County of Lessee's intention to continue the lease as <br />modified or of Lessee's intention to treat the lease as terminated. <br />In the event that Lessee elects to treat the lease as terminated, all rents shall be <br />pro -rated to the date Lessee shall have restored the premises to the Lessor in <br />accordance with the terms of the lease agreement governing Lessee's duties to <br />restore the premises to Lessor upon expiration of the lease term. <br />It is further agreed that neither such modification or termination of this lease nor any <br />subsequent re -letting of the premises, in whole or in part, shall give rise to any <br />cause of action for damages or any other form of relief by Lessee against Lessor or <br />any successor lessee. <br />In the event of such modification or termination, Lessee understands that other than <br />a refund of any unearned rent prorated to the date Lessee has restored the <br />premises to Lessor, Lessee shall have no claim for compensation as occasioned by <br />said modification or termination. <br />23. WAIVER: No assent, express or implied, by the Lessor to any breach of any of <br />Lessee's covenants, agreements, conditions or terms hereof shall be deemed or <br />taken to be a waiver of any succeeding breach of any covenant, agreement, <br />condition or term hereof. <br />24. VENUE. In the event of any litigation between Lessor and Lessee arising out of this <br />lease, the venue for such action shall lie in Kittitas County, notwithstanding any <br />contrary provision of the Revised Code of Washington. <br />25. APPLICABILITY The covenants, agreements, terms and conditions contained in <br />this lease shall apply to and be binding upon Lessor and Lessee and their <br />respective heirs, executors, administrators, successor and assigns. <br />PAGE 6 <br />