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KIT'lRAS COUNTY <br />means of redress to which County may lawfully be entitled in case of any breach or <br />threatened breach of Lessee of any provision of this lease. <br />8.11 Force Majeure: <br />The County's failure to perform any of its obligations under this lease shall be <br />excused if due to causes beyond its control and without the fault or negligence of <br />the County, including but not restricted to acts of God, acts of the public enemy, <br />acts of any government, vandalism, fires, lightening, floods, epidemics or labor <br />strikes. <br />8.12 Preservation of Markers: <br />Any legal land subdivision survey corners, reference points or monuments are to be <br />preserved. If such are destroyed or disturbed, the Lessee shall reestablish them by <br />a licensed land surveyor in accordance with U.S. General Land Office standards at <br />their own expense. Corners and/or reference points or monuments that must <br />necessarily be disturbed or destroyed in process of carrying out the operations <br />allowed by this lease must be adequately referenced and/or replaced in <br />accordance with RCW 58.24.040 (6). Such references must be approved by the <br />County prior to removal of said corners, reference points or monuments. <br />8.13 Condemnation: <br />If all of the premises is taken by any public authority under power of eminent <br />domain, this lease shall terminate as of the date possession was taken by said <br />public authority pursuant to such condemnation. If any part of the premises is so <br />taken and, in the opinion of either County or Lessee, it is not economically feasible <br />to continue this lease in effect, either party may terminate this lease. Such <br />termination by either party shall be made by notice to the other given not later than <br />thirty (30) days after possession is so taken, the termination to be effective as of the <br />later of 30 days after said notice or the date possession is taken. If part of the <br />premises is so taken and neither County nor Lessee elects to terminate this lease, <br />or until termination is effective, as the case may be, the rental shall be abated in the <br />same proportion as the portion of the premises so taken bears to the whole of the <br />premises, or County -owned improvements thereon, shall belong to and become the <br />property of the County and Lessee hereby assigns to the County any and all claims <br />to such award. However, County shall not claim any interest in or to personal <br />property or authorized improvements belonging to Lessee. <br />Signed this day of <br />Lookout Mountain Lease PAGE 7 <br />