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<br /> 10 <br />EBDA Airport Building Commercial Lease <br />If to TENANT, to: If to LANDLORD, to: <br />Benjamin West Carolyn Honeycutt <br />Kittitas County Regional Airport-Bowers <br />Field <br />Ellensburg Business Development <br />Authority, dba CenterFuse <br />205 West 5th Ave. Suite 105 501 N. Anderson <br />Ellensburg, WA 98926 Ellensburg, WA 98926 <br />Email: benjamin.west@co.kittitas.wa.us Email: honeycuttc@ci.ellensburg.wa.us <br /> <br />16. ENTIRE AGREEMENT. This Lease constitutes all of the agreements of the parties with <br />respect to any matter covered or mentioned in the Lease and with no prior agreement, <br />letter of intent or understanding pertaining to any such matter will be effective for any <br />purpose. There are no representations or understandings of any kind not set forth herein. <br />No provisions of this Lease may be amended or added to, except by an agreement in <br />writing, signed by the parties or their respective successors in interest. <br /> <br />17. ATTORNEY’S FEES AND COSTS. In the event either party requires the services of an <br />attorney in connection with enforcing the terms of this Lease, or in the event suit is <br />brought for the recovery of any sums due under this Lease or for the breach of any <br />covenant or condition of this Lease, or for the restitut ion of the Premises to Landlord or <br />eviction of Tenant during the Term or after the expiration thereof, the substantially <br />prevailing party is entitled to reasonable attorney fees and all costs incurred in connection <br />therewith, including, without limitation, the fees of accountants, appraisers and other <br />professionals, whether at trial, on appeal or without resort to suit. <br /> <br />18. VACATION OF PREMISES – HOLDING OVER. Upon 90-days’ written notice from Landlord <br />given at any time prior to the expiration of the Term, Tenant shall promptly vacate the <br />Premises on or before the last day of the Term, leaving the Premises in the condition <br />described in section (4). If Tenant holds over after the expiration or earlier termination of <br />the Term without the express written consent of Landlord, Tenant will be a Tenant at <br />sufferance only and otherwise subject to the terms, covenants and conditions herein <br />specified, insofar as applicable. During such tenancy, Tenant agrees to pay Landlord One <br />Hundred Fifty percent (150%) of the Base Monthly Rent in effect upon the date of such <br />expiration or termination, unless a different rate is agreed upon by Landlord. <br /> <br />19. SURRENDER OF PREMISES. The voluntary or other surrender of this Lease by Tenant, or <br />by mutual cancellation thereof, will not work a merger and will, at the option of Landlord, <br />operate as an assignment to it of all subleases or sub tenancies. Upon the expiration or <br />earlier termination of this Lease, Tenant shall peaceably surrender the Premises and all of <br />the alterations and additions thereto, leave the Premises broom clean, in as good order, <br />repair and condition as was provided to Tenant on the Commencement Date, reasonable <br />wear and tear excepted, and Tenant shall comply with the provision of Section (4). The <br />delivery of keys to any employee of Landlord or to Landlord’s agent or any employee <br />thereof shall not be sufficient to constitute a termination of this Lease or surrender of the