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KITTIT;%S COUNTY <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 <br />any subsequent re -letting of the premises, in whole or in part, shall give rise to <br />any cause of action for damages or any other form of relief by Lessee against <br />Lessor or any successor lessee. <br />In the event of such modification or termination, Lessee agrees that other than a <br />refund of any unearned rent prorated to the date Lessee has restored the <br />premises to Lessor, Lessee shall have no claim against the Lessor for <br />compensation as occasioned by said modification or termination. Lessee further <br />agrees that its sole source for recovery for any and all damages would be only <br />against the Federal or State entity whose regulation necessitated the <br />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 />26. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference. <br />This Lease embodies the entire agreement between the parties with respect to <br />the subject matter herein contained. No amendments or modifications hereof <br />shall be enforceable unless in writing, signed by the party to be charged. <br />27. NONDISCRIMINATION: The (grantee, licensee, permittee, etc., as <br />appropriate) for himself, his heirs, personal representatives, <br />successors in interest, and assigns, as a part of the consideration <br />hereof, does hereby covenant and agree (in the case of deeds and <br />leases add "as a covenant running with the land") that in the event <br />facilities are constructed, maintained, or otherwise operated on the <br />i%9Q4E E <br />