12-20-2016 Res-2016-171 - Laserfiche WebLink

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KITTITAS COUNTY a. In the event that Lessee shall fail to comply with any of Lessee's commitments, duties or responsibilities under this Lease or any of its conditions or terms as herein stated, Lessee shall be in default or breach of this agreement. At any time thereafter, Lessor may terminate this Lease by giving Thirty (30) days written notice of the conditions or terms being violated. If said failures are not corrected within the Thirty (30) day period, this Lease may be terminated and the Lessor shall be entitled to peaceably retake possession of the premises, provided the Lessee shall have the right to remove improvements as herein provided. In addition to the provisions hereinabove, and/or as an alternative or cumulative remedy, Lessor may, at its sole election, pursue any other action, redress, or remedy now or hereafter available to Lessor under the laws of the State of Washington, including its Landlord-Tenant laws. b. Notwithstanding the foregoing, at any time after Lessee's default, when in accord with Washington law and with or without notice or demand, and without limiting Lessor in the exercise of a right or remedy which Lessor may have by reason of such default or breach, Lessor may take the following actions: (1) Terminate Lessee's right to possession of the Premises by any lawful means, in which case Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including but not limited to the following: a. Costs of recovering possession of the Premises; b. Reasonable . attorney's fees; (2) In the alternative, Lessor may maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises. In such event Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover any charges and adjustments as may become due hereunder; or, (3) Lessor may pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the State of Washington. 21. DEFAULT BY LESSOR. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than Thirty (30) days after written notice by Lessee to Lessor specifying wherein Lessor has failed to perform such obligation; PROVIDED, however, that if the nature of Lessor's obligation is such that more than Thirty (30) days are required for performance, then Lessor shall not be in default if Lessor commences performance within such Thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Lessee have the right to terminate this Lease as a result of Lessor's default and Lessee's remedies shall be limited to damages and/or injunction. PAGE 10