Lease Agreement - Ground Lease (2)

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KlTTITAS COUNTY AIRPORT Upon receipt of such notification,and in the event the notification specified modification of the lease short of termination,Lessee shall have sixty (60)days in which to notify Kittitas County of Lessee's intention to continue the lease as modified or of Lessee's intention to treat the lease as terminated. In the event that Lessee elects to treat the lease as terminated,all rents shall be pro-rated to the date Lessee shall have restored the premises to the Lessor in accordance with the terms of the lease agreement goveming Lessee's duties to restore the premises to Lessor upon expiration of the lease term. It is further agreed that neither such modification or termination of this lease nor any subsequent re-letting of the premises,in whole or in part,shall give rise to any cause of action for damages or any other form of relief by Lessee against Lessor or any successor lessee. In the event of such modification or termination,Lessee understands that other than a refund of any unearned rent prorated to the date Lessee has restored the premises to Lessor,Lessee shall have no claim for compensation as occasioned by said modification or termination. 23.WAIVER:No assent,expæss or implied,by the Lessor to any breach of any of Lessee's covenants,agreements,conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant,agreement,condition or term hereof. 24.VENUE.In the event of any litigation between Lessor and Lessee arising out of this lease,the venue for such action shall lie in Kittitas County,notwithstanding any contrary provision of the Revised Code of Washington. 25.APPLICABILITY:The covenants,agreements,terms and conditions contained in this lease shall apply to and be binding upon Lessor and Lessee and their respective heirs,executois, administrators,successor and assigns. 26.INTEGRATION:Exhibits and Recitals are incorporated herein by this reference.This Lease embodies the entire agreement between the parties with respect to the subject matter herein contained.No amendments or modifications hereof shall be enforceable unless in writing, signed by the party to be charged. PAGE 7