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KITIITAS cOUNTY AIRPORT A FFIRMAn VE A C110N: The Lessee assures that it will undertake an affirma ti v e acliCim program as required by 14 CF R Part 15 2, Su bp art E., \0 insure that no person shall. on Ihe gr oun ds o f r aea, cre ed , c o ior , nalion al origin or sex, be excluded (rom part icipatin g ill any emplqymenl activi ties cove red i n 14 CF R Part 152, Subpart E. The Lessee assures that no peTson shall be excluded on thes e grounds from pa rti cip ating In, or re ce lV1i1Q lh services or benefits of, any p rogram or aC!ivlty CGve red by th is subpa rt, The LesS'ea' a ss ures it ',ljll require that its covered suberganizatfo n s pro vide assurance 10 the Lessor thai they simHarly will und ertake a fflCmatlve action programs and that -they will requi re assurances from their suborganizatia ns as re qu ir-ed by 14 CFR Part 152. Sl)bp art E, to the same effect. ASSIGNMENT: The Lessee shall not assign this lease nor sublet any portion thereof w ith ou l fi rst o otaining the written consent of the Lessor, which written consent will be evidenced by passage of a resolution assigning the lease, H OLD HARMLESS: The Lessee hereby agrees 10 indemnify and hold hormless the Lessor from any and all claims or demands whatsoever arising out of any loss , damege, or injury to persons or property resulting from the Lessee's use or occupancy of seid premises and leased area, or caused by the acts or neglect of the Lessee, his agents or employees , BANKR U PTCY : It is further agreed and understood that in case of the insolvency or bankruptcy of the Lessee, or any ass ignment for the bellem of ere di e rs or the ~ppointm e nl of a receiver for the Lessee, th is l ease shall be immedi ately forfeited and shall be of no further iorce and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee for the benefit of creditors shall not have any rights whatsoever in the demised premiSeS . DEFAULT: In the event the Lessee shall fail to comply with any of Lessee's commitmen ts , duties or responsibilities under this lease, or any of its conditions or terms as herein stated, the 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 peac8cDly retake possession of the premises, provided the Lessee shall have the right to remove improvements as herein provided WAIVE R: No assent, express or implied, by the Lessor to any breach of any of Lessee's covenants , agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant , agreement, condition or term hereof. VENUE , In the event of any litigation between lessor and lessee ariSing out of this lease, the venue for such action shall lie in Kittitas County, notwithstanding 2ny contrcry provis ion of th e Revised Code of Washington, A PRLlCABll1TY The covenants, agreements, terms and conditions contained in Itlis lease shall apply to and b e binding upon Lessor and Lessee and their respective he i rs, executors , administrators, successor and assigns , MIDSTATE AVIAT ION LEAS E P A GE 6 Page 21 of33