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KITTITAS COUNTY AIRPORT <br />Upon receipt of such notification, and in the event the notification specified modification of the <br />lease short of termination, Lessee shall have sixty (60) days in which to notify Kittitas County of <br />Lessee's intention to continue the lease as modified or of Lessee's intention to treat the lease as <br />terminated. <br />In the event that Lessee elects to treat the lease as terminated, all rents shall be pro -rated to the <br />date Lessee shall have restored the premises to the Lessor in accordance with the terms of the <br />lease agreement governing Lessee's duties to restore the premises to Lessor upon expiration of <br />the lease term. <br />It is further agreed that neither such modification or termination of this lease nor any subsequent <br />re -letting of the premises, in whole or in part, shall give rise to any cause of action for damages <br />or any other form of relief by Lessee against Lessor or any successor lessee. <br />In the event of such modification or termination, Lessee understands that other than a refund of <br />any unearned rent prorated to the date Lessee has restored the premises to Lessor, Lessee shall <br />have no claim for compensation as occasioned by said modification or termination. <br />23. WAIVER: No assent, express or implied, by the Lessor to any breach of any of Lessee's <br />covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of <br />any succeeding breach of any covenant, agreement, condition or term hereof. <br />24. VENUE. In the event of any litigation between Lessor and Lessee arising out of this lease, the <br />venue for such action shall lie in Kittitas County, notwithstanding any contrary provision of the <br />Revised Code of Washington. <br />25. APPLICAaILITY: The covenants, agreements, terms and conditions contained in this lease <br />shall apply to and be binding upon Lessor and Lessee and their respective heirs, executors, <br />administrators, successor and assigns. <br />26. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference. This Lease <br />embodies the entire agreement between the parties with respect to the subject matter herein <br />contained. No amendments or modifications hereof shall be enforceable unless in writing, <br />signed by the party to be charged. <br />PAGE 7 <br />