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KITTITAS COUNTY AIRPORT USE AGREEMENT <br />20. MODIFICATION OR TERMINATION: It is understood by the parties that the County may <br />modify the terms of this Agreement in whole or in part if any regulation governing airports or <br />county property is amended in a way that impacts the County's ability to comply with the <br />terms stated and contemplated herein. For the purposes ofthis section, "regulation" is defined <br />to include, but is not limited to: case law interpreting any rule or regulation; any federal rules <br />and regulations, including Federal Aviation Administration rules and regulations; state rules <br />and regulations; and local rules, regulations and ordinances. <br />a. In the event that County shall elect to modify or terminate this Agreement, County <br />shall do so only upon one hundred twenty (120) days written notice, notifying Airpac <br />that the Agreement to which this applied is being so modified or terminated. <br />b. Upon receipt of such notification, and in the event the notification specified <br />modification of the Agreement short oftermination, Airpac shall have sixty (60) days <br />in which to notify the County of Airpac's intention to continue the Agreement as <br />modified or of Airpac's intention to treat the Agreement as terminated. <br />c. In the event that Airpac elects to treat the Agreement as terminated, all usage fees <br />shall be pro -rated to the date Airpac shall have restored the premises to the County <br />in accordance with the terms of this Agreement governing Airpac's duties to restore <br />the premises to County upon expiration of the Agreement term. <br />d. It is further agreed that neither such modification or termination of this Agreement, in <br />whole or in part, shall give rise to any cause of action for damages or any other form <br />of relief by Airpac against County or any successor of Airpac. <br />e. In the event of such modification or termination, Airpac understands that other than a <br />refund of any paid usage fees prorated to the date Airpac has restored the Airport <br />premises to County, Airpac shall have no claim for compensation as occasioned by <br />said modification or termination. <br />21. CONDITION OF PREMISES: Airpac warrants and agrees that in its use of the Airport <br />premises it shall not commit waste and that it will keep said Airport premises in a safe, <br />sanitary, neat, presentable, and otherwise good condition, and in general shall comply with all <br />the applicable governmental rules, ordinances and regulations as may be required or imposed <br />by such authorities on said premises and shall comply with any direction pursuant to law of <br />any public officer or officers who shall be empowered to enforce local, state and federal rules, <br />regulations and ordinances upon the Lessee with respect to the said Airport premises or the <br />use, occupancy, or control thereof and shall not suffer any improper or offensive use of said <br />Airport premises. Upon termination or expiration of this Agreement, should the Airport <br />premises not be left in such condition, normal wear and tear excepted, the County may <br />repair the Airport premises and seek reimbursement from Airpac in any manner allowed <br />by law <br />PAGE 5 <br />