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KITT1TAS COUNTY AIRPORT <br />Notice shall be deemed to have been received on the third day after the date of mailing. <br />16.ATTORNEY FEES:In case Lessor shall bring suit to recover any rent due hereunder,or for <br />breach of any provision of this lease,or to recover possession of the leased premises,or if <br />Lessee shall bring any action for any relief against Lessor,declaratory or otherwise,arising outofthislease,the prevailing party shall recover reasonable attomey fees which shall be <br />determined and taxed by the court as part of the costs of such action. <br />17.RIGHTS OF THE U.S.GOVERNMENT:The Lessor holds title to the Property herein leased, <br />partially by virtue of a deed from the United States Govemment.A copy of said deed is <br />available for inspection at the office of the Kittitas County Department of Public Works,hereto <br />and made a part of this instrument as though fully set forth herein.Lessee agrees that it will do <br />nothing which will cause the Lessor to be in violation of the terms of said deed.Lessee <br />furthermore agrees that it has had ample opportunity to review said deed and is aware of all of <br />the terms and conditions therein. <br />18.ASSIGNMENT:The Lessee shall not assign this lease nor sublet any portion thereof without <br />first obtaining the written consent of the Lessor. <br />19.HOLD HARMLESS:The Lessee hereby agrees to defend,indemnify and hold harmless the <br />Lesser from any and all claims or demands whatsoever arising out of any loss,damage,or injury <br />to persons or property resulting from the Lessee's use or occupancy of said premises and leased <br />area,or caused by the acts or neglect of the Lessee,his agents or employees, <br />20.BANKRUPTCY:It is further agreed and understood that in case of the insolvency or <br />bankoptcy of the Lessee,or any assignment for the benefit of creditors or the appointmentof areceiverfortheLessee,this lease shall be immediately forfeited and shall be of no further force <br />and effect,and that the Trustee in Bankruptcy,Receiver,or Assignee for the benefit of creditors <br />shall not have any rights whatsoeverin the demised premises. <br />21.DEFAULT:In the event the Lessee shall fail to comply with any of Lessee's commitments, <br />duties or responsibilities under this lease,or any of its conditions or terms as herein stated,the <br />Lessor may terminate this lease by giving ten (10)days written notice of the conditions or terms <br />being violated.If said failures are not corrected within the ten (10)day period,this lease may be <br />terminated and the Lessor shall be entitled to peaceably retake possession of the premises. <br />22.MODIFICATION OR TERMINATION:Lessee and Lessor agree that Lessor may,at Lessor's <br />sole discretion,modify the terms of this lease in whole or in part,including but not limited to <br />any term or condition of this lease,including cancelling the unexpired portion of this lease and <br />re-letting the property to another tenant,in the event that any regulation governing airports or <br />county property is amended in a way that impacts the Lessor's ability to lease,use,control, <br />protect,or maintain the Property,For the purposes of this section,"regulation"is defined to <br />include,but is not limited to:case law interpreting any rule or regulation;any federal rules and <br />regulations,including Federal Aviation Administration rules and regulations;state rules and <br />regulations;and local rules,regulations and ordinances. <br />In the event that Lessor shall elect to modify or terminate this lease,Lessor shall do so only upon <br />one hundred twenty (120)days written notice,notifying Lessee,at Lessee's address of record, <br />that the lease to which this applied is being so modified or terminated. <br />PAGE 6