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KITTITAS COUNTY AIRPORT <br />AFFIRMATIVE ACTION: The Lessee assures that it will undertake an affirmative <br />action program as required by 14 CFR Part 152, Subpart E., to insure that no person shall, <br />on the grounds of race, rreed, color, national origin or sex, be excluded from participating in <br />any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures <br />that no person shall be excluded on these grounds from participating in, or receiving the <br />services or benefits of, any program or activity covered by this subpart. The Lessee <br />assures it will require that its covered suborganizations provide assurance to the Lessor <br />that they similarly will undertake affirmative action programs and that they will require <br />assurances from their suborganizations as required by 14 CFR Part 152, Subpart E, to the <br />same effect. <br />ASSIGNMENT: The Lessee shall not assign this lease nor sublet any portion <br />thereof without first obtaining the written consent of the Lessor, which written consent will <br />be evidenced by passage of a resolution assigning the lease. <br />HOLD HARMLESS: The Lessee hereby agrees to indemnify and hold harmless the <br />Lessor from any and all claims or demands whatsoever arising out of any loss, damage, or <br />injury to persons or property resulting from the Lessee's use or occupancy of said premises <br />and leased area, or caused by the acts or neglect of the Lessee, his agents or employees. <br />BANKRUPTCY: It is further agreed and understood that in case of the insolvency or <br />bankruptcy of the Lessee, or any assignment for the benefit of creditors or the appointment <br />of a receiver for the Lessee, this lease shall be immediately forfeited and shall be of no <br />further force and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee for the <br />benefit of creditors shall not have any rights whatsoever in the demised premises. <br />DEFAULT: In the event the Lessee shall fail to comply with any of Lessee's <br />commitments, duties or responsibilities under this lease, or any of its conditions or terms as <br />herein stated, the Lessor may terminate this lease by giving thirty (30) days written notice of <br />the conditions or terms being violated. If said failures are not corrected within the thirty (30) <br />day period, this lease may be terminated and the Lessor shall be entitled to peaceably <br />retake possession of the premises, provided the Lessee shall have the rich" to remove <br />improvements as herein provided. <br />WAIVER: No assent, express or implied, by the Lessor to any breach of any or <br />Lessee's covenants, agreements, conditions or terms hereof shall be deemed or taken to <br />be a waiver of any succeeding breach of any covenant, agreement, conaition or term <br />hereof. <br />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 contrary <br />provision of the Revised Code of Washington. <br />APPLICABILITY The covenants, agreements, terms and conditions contained in <br />this lease shall apply to and be binding upon Lessor and Lessee and their respective heirs, <br />executors, administrators, successor and assigns. <br />MIDSTATE AVIATION LEASE <br />Page 21 of 33 <br />GAGE 6 <br />