Industrail Park LeaseU-Haul2.docx-132888352118129687. (1)

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BOWERS FIELD KITTITAS COUNTY AIRPORT LESSEE INITIAL__________ LESSOR INIT IAL__________ PAGE 15 such that more than sixty (60) days are required for performance, the LESSOR may not act under this Section 21.1 so long as the LESSEE commences performance within said sixty (60) day period and thereafter diligently prosecutes the same to completion): (a) Specific Performance. The subject matters of this Lease are unique and, for this reason, it is stipulated that in the event of an actionable default of this Lease under Section 21.1 above, the LESSOR will have the right to seek equitable relief in the form of specific performance of this Lease’s provisions. (b) Termination. In lieu of seeking specific performance under Section 21.1(a) above, in the event of an actionable default of this Lease under Section 21.1 above by the LESSEE, the LESSOR, with prior written notice to the LESSEE of the termination after the expiration of the cure period under Section 20 above (or sixty (60) days for the incidents of breach for which a cure period is not set in section 20), is permitted to terminate this Lease. 21.2 LESSOR DEFAULT. In the event the LESSOR materially breaches the terms of this Lease and said breach is not, in whole or in part, caused by the wrongful actions or omissions of the LESSEE, the LESSEE may elect and proceed with one of the following EXCLUSIVE remedies, but only if the LESSEE has first given the LESSOR written notice of the specific default(s) alleged by the LESSEE and the default(s) is/are not cured by the LESSOR within sixty (60) days after said notice is given (provided, however, if the nature of the default is such that more than sixty (60) days are required for performance, the LESSEE may not act under this Section 21.2 so long as the LESSOR commences performance within said sixty (60) day period and thereafter diligently prosecutes the same to completion): (a) Specific Performance. The subject matters of this Lease are unique and, for this reason, it is stipulated that in the event of an actionable default of this Lease under Section 21.2 above, the LESSEE will have the right to seek equitable relief in the form of specific performance of this Lease’s provisions. (b) Termination. In lieu of seeking specific performance under Section 21.2(a) above, in the event of an actionable default of this Lease under Section 21.2 above by the LESSOR, the LESSEE, with an additional ninety (90) days prior written notice to the LESSOR of the termination after the expiration of the cure period under Section 21.2 above, is permitted to terminate this Lease.