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any chemicals, pesticides or fertilizers on the Property where such use is prohibited by any governmental authority or label; or, if such use is not prohibited but is restricted in any manner, Tenant will not violate any use restrictions. Tenant further covenants and agrees that Tenant will not apply any pesticide or chemical to the irrigable portion of the Property which has a residual effect of any nature beyond the term of this Lease. Tenant may use herbicides to control weeds or grass on the non -irrigable borders of the Property which have a residual effect beyond the term of this Lease as long as the same is properly applied and does not interfere with or cause damage to adjoining property. Tenant shall be solely responsible for any claims, liabilities and damages caused Landlord, Tenant or any third party by reason of Tenant's use of any chemicals, pesticides or fertilizers whether or not the same constitutes a breach of the provisions of this paragraph and shall defend, indemnify and hold Landlord harmless therefrom. 15. IRRIGATION AND WASTE WATER. Tenant shall irrigate and water the Property in accordance with accepted prevailing local agricultural irrigation practices. 16. FNSPECTI-ON. Tenant agrees to permit Landlord to inspect the Property at all reasonable hours during the term of this Lease to ascertain Tenant's compliance with the provisions of this Lease. 17. ATTORNEYS' FEES. If either party hereto is required to retain an attorney to enforce any provision of this Agreement, whether or not a legal proceeding is commenced, the substantially prevailing party shall be entitled to reasonable attorneys' fees regardless of whether at trial, on appeal, in any bankruptcy proceeding, arbitration matter or without resort to suit. 18. GOVERNING LAW AND VENUE. This Agreement shall be interpreted, construed and enforced according to the laws of the State of Washington. Venue for any lawsuit arising from this Lease or as a result of Tenant's use of Landlord's Property shall be in the Kittitas County Superior Court for the State of Washington. 19. NOTICES. Subject to the requirements of any applicable statute, any notices required or permitted by law or under this Agreement shall be in writing and shall be (i) personally delivered, (ii) sent by first class certified or registered mail, return receipt requested, with postage prepaid, or (iii) dispatched by facsimile transmission (accompanied with reasonable evidence of receipt of transmission and with a confirmation copy mailed no later than the day after transmission) to the parties' as follows: Landlord: Tenant: Duke & Dude LLC Rafter B Inc. c/o Stephen Hayden c/o Bart Bland 2950 Killmore Road 3830 Manastash Road Ellensburg, WA 98926 Ellensburg, WA 98926 Page 4 of 8