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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 term. <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 />24. 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 />the County may repair the Airport premises and seek reimbursement from TFT in any <br />manner allowed by law. <br />25. RIGHT TO REVIEW: Pursuant to KC:C: 19.04.240(2)(h) and KCC 19.04.250(1), the <br />County or its designee shall have the right to review IFT's records as they pertain to this <br />Agreement. Such review may occur with or without notice, and may include, but is not <br />limited to, on-site inspection by County agents or employees, inspection of all records or <br />other materials which are reasonable and pertinent to the Agreement and its performance. <br />26. TAXES: IFT understands and acknowledges that it shall be solely responsible for the <br />payment of all applicable federal, state, and local taxes. <br />27. NON-EXCLt; SIVITY: Nothing in this Agreement shall be construed to grant exclusive <br />access to the Airport premises to IFT. <br />28. WAIVER: No assent, express or implied, by either party to any breach of any of the other's <br />covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver <br />of any succeeding breach of any covenant, agreement, condition or term hereof. <br />29. VENUE: In the event of any litigation between County and IFT arising out of this <br />Agreement, the venue for such action shall lie in Kittitas County, notwithstanding any <br />contrary provision of the Revised Code of Washington. <br />PAGE 6 <br />