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KITTITAS COUNTY <br />AIRPORT USE AGREEMENT <br />19. DEFAULT: In the event that one of the parties herein fails to comply with any <br />commitments, duties or responsibilities under this Agreement, or any of its conditions or <br />terms as herein stated, the non -breaching party must give written notice to the breaching <br />party of the breaching party's failure to comply. If such condition is not corrected within ten <br />(10) days from the date of notice, the non -breaching party may choose to terminate this <br />Agreement. <br />20. MODIFICATION OR TERMINATION: It is understood by the parties that the County <br />may modify the terms of this Agreement in whole or in part if any regulation governing <br />airports or county property is amended in a way that impacts the County's ability to comply <br />with the terms stated and contemplated herein. For the purposes of this section, "regulations' <br />is defined to include, but is not limited to: case law interpreting any rule or regulation; any <br />federal rules and regulations, including Federal Aviation Administration rules and <br />regulations; state rules 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 IFT <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 of termination, IFT shall have sixty (60) days in <br />which to notify the County of IFT's intention to continue the Agreement as modified <br />or of IFT's intention to treat the Agreement as terminated. <br />c. In the event that IFT elects to treat the Agreement as terminated, all usage fees shall <br />be pro -rated to the date IFT shall have restored the premises to the County in <br />accordance with the terms of this Agreement governing IFT's duties to restore the <br />premises to County upon expiration of the Agreement tern. <br />d. It is further agreed that neither such modification or termination of this Agreement, <br />in whole or in part, shall give rise to any cause of action for damages or any other <br />form of relief by IFT against County or any successor of IFT. <br />e. In the event of such modification or termination, IFT understands that other than a <br />refund of any paid usage fees prorated to the date IFT has restored the Airport <br />premises to County, IFT shall have no claim for compensation as occasioned by said <br />modification or termination. <br />21 ..CONDITION OF PREMISES: IFT 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 <br />all the applicable governmental rules, ordinances and regulations as may be required or <br />imposed by such authorities on said premises and shall comply with any direction pursuant <br />to law of any public officer or officers who shall be empowered to enforce local, state and <br />federal rules, regulations and ordinances upon the Lessee with respect to the said Airport <br />premises or the use, occupancy, or control thereof and shall not suffer any improper or <br />offensive use of said Airport premises. Upon termination or expiration of this Agreement, <br />should the Airport premises not be left in such condition, normal wear and tear excepted, <br />PAGE 5 <br />