Lease Agreement - Ground Lease (2)

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KITT1TAS COUNTY AIRPORT Notice shall be deemed to have been received on the third day after the date of mailing. 16.ATTORNEY FEES:In case Lessor shall bring suit to recover any rent due hereunder,or for breach of any provision of this lease,or to recover possession of the leased premises,or if 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 determined and taxed by the court as part of the costs of such action. 17.RIGHTS OF THE U.S.GOVERNMENT:The Lessor holds title to the Property herein leased, partially by virtue of a deed from the United States Govemment.A copy of said deed is available for inspection at the office of the Kittitas County Department of Public Works,hereto and made a part of this instrument as though fully set forth herein.Lessee agrees that it will do nothing which will cause the Lessor to be in violation of the terms of said deed.Lessee furthermore agrees that it has had ample opportunity to review said deed and is aware of all of the terms and conditions therein. 18.ASSIGNMENT:The Lessee shall not assign this lease nor sublet any portion thereof without first obtaining the written consent of the Lessor. 19.HOLD HARMLESS:The Lessee hereby agrees to defend,indemnify and hold harmless the Lesser from any and all claims or demands whatsoever arising out of any loss,damage,or injury to persons or property resulting from the Lessee's use or occupancy of said premises and leased area,or caused by the acts or neglect of the Lessee,his agents or employees, 20.BANKRUPTCY:It is further agreed and understood that in case of the insolvency or 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 and effect,and that the Trustee in Bankruptcy,Receiver,or Assignee for the benefit of creditors shall not have any rights whatsoeverin the demised premises. 21.DEFAULT:In the event the Lessee shall fail to comply with any of Lessee's commitments, duties or responsibilities under this lease,or any of its conditions or terms as herein stated,the Lessor may terminate this lease by giving ten (10)days written notice of the conditions or terms being violated.If said failures are not corrected within the ten (10)day period,this lease may be terminated and the Lessor shall be entitled to peaceably retake possession of the premises. 22.MODIFICATION OR TERMINATION:Lessee and Lessor agree that Lessor may,at Lessor's sole discretion,modify the terms of this lease in whole or in part,including but not limited to any term or condition of this lease,including cancelling the unexpired portion of this lease and re-letting the property to another tenant,in the event that any regulation governing airports or county property is amended in a way that impacts the Lessor's ability to lease,use,control, protect,or maintain the Property,For the purposes of this section,"regulation"is defined to include,but is not limited to:case law interpreting any rule or regulation;any federal rules and regulations,including Federal Aviation Administration rules and regulations;state rules and regulations;and local rules,regulations and ordinances. In the event that Lessor shall elect to modify or terminate this lease,Lessor shall do so only upon one hundred twenty (120)days written notice,notifying Lessee,at Lessee's address of record, that the lease to which this applied is being so modified or terminated. PAGE 6