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"Cut ry AJRPt. hH l v3E AGREENLA'; <br />Notice shall be deemed to have been received on the third day after the date of mailing. <br />18. ATTORNEY FEES: In the event that the County shall bring suit to recover any usage fees <br />due hereunder, or for breach of any provision of this Agreement, or if IFT shall bring any <br />action for any relief against County, declaratory or otherwise, arising out of this Agreement, <br />the prevailing party shall recover reasonable attorney fees and costs which shall be <br />determined and taxed by the court as part of the costs of such action. <br />19. RIGHTS OF THE U.S. GOVERNMENT: The County holds title to the Kittitas County <br />Bowers Field Airport partially by virtue of a deed from the United States Government. A <br />copy of said deed is available for inspection at the office of the Kittitas County Department <br />of Public Works, hereto and made a part of this instrument as though fully set forth herein. <br />IFT agrees that it will do nothing which will cause the County to be in violation of the terms <br />of said deed. IFT furthermore agrees that it has had ample opportunity to review said deed <br />and is aware of all of the terms and conditions therein. <br />20. ASSIGNMENT: This Agreement is for IFT only and cannot be transferred or assigned. <br />21. BANKRLPTCY: It is further agreed and understood that in case of the insolvency or <br />bankruptcy of IFT, or any assignment for the benefit of creditors or the appointment of a <br />receiver for the IFT, this Agreement shall be immediately terminated and shall be of no <br />further force and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee for the <br />benefit of creditors shall not have any rights whatsoever in the Airport premises. <br />22. 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 />23. 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, "regulation" <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 />PAGE 5 <br />