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<br />BOWERS FIELD KITTITAS COUNTY AIRPORT
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<br />LESSEE INITIAL__________ LESSOR INIT IAL__________
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<br /> PAGE 10
<br />Notwithstanding the foregoing provisions of Sections 9.3, 9.4, and 9.5 above, in
<br />compliance with RCW 4.24.115 as in effect on the date of this Lease, in the event of
<br />the concurrent negligence of LESSOR or LESSOR’s agent(s), employee(s), or
<br />representative(s), on the one hand, and that of LESSEE or LESSEE’s agent(s),
<br />employee(s), or representative(s), on the other hand, which concurrent negligence
<br />results in claims occurring on or about the Premises, either party’s obligation to
<br />indemnify the other party as set forth in Sections 9.3, 9.4, and 9.5 above shall be
<br />limited to the extent of the negligence of such party or its agent(s), employee(s), or
<br />representative(s), including such party’s proportional share of costs and attorneys’
<br />fees incurred in connection with such claims. In no event shall LESSOR or LESSEE
<br />be indemnified for its sole negligence or that of its agent(s), employee(s), or
<br />representative(s).
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<br />10. INTENTIONALLY OMITTED.
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<br />11. NON-DISCRIMINATION CLAUSE.
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<br />To the extent required by law, LESSEE, for itself, its personal representative,
<br />successors in interest and assigns, as a part of the consideration hereof, does
<br />hereby covenant and agree as follows:
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<br />No person, on the grounds of race, color, religion, sex, age, marital status,
<br />handicap or national origin, shall be unreasonably excluded from participation in,
<br />denied the benefits of, or be otherwise subjected to discrimination in Lessee’s
<br />personnel policies and practices or in the use or operation of L ESSEE’s services
<br />or facilities.
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<br />LESSEE agrees that in the construction of any improvements on, over or under
<br />Airport land and the furnishing of services thereon, no person, on the grounds of
<br />race, color, religion, sex, marital status, handicap, age or national origin, shall be
<br />unreasonably excluded from participation in, denied the benefits of, or otherwise
<br />be subjected to discrimination.
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<br />LESSEE shall use the Premises in compliance with all other requirements imposed
<br />by or pursuant to Title 49, Code of Federal Regulations, Department of
<br />Transportation, Subtitle A, Office of the Secretary, Part 21, Non -discrimination in
<br />Federally Assisted Programs of the Department of Transportation-Effectuation of
<br />Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
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<br />It is the policy of the Department of Transportation that minority business
<br />enterprise as defined in 49 CFR Part 46, i.e., firms owned and controlled by
<br />minorities; firms owned and controlled by women and firms owned and controlled
<br />by financially disadvantaged persons; shall have the maximum opportunity to
<br />participate in the performance of Agreements as defined in 49 CFR Section 23.5.
<br />Consequently, this Agreement is subject to 49 CFR Part 23 as applicable.
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