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<br /> <br />BOWERS FIELD KITTITAS COUNTY AIRPORT <br /> <br /> <br /> <br />LESSEE INITIAL__________ LESSOR INIT IAL__________ <br /> <br /> PAGE 17 <br />County (for notices to the LESSOR) or personally delivered to the Executive <br />Director of FISH (for notices to LESSEE) or (b) three days after being deposited in <br />the United States Postal Service by certified mail (with return receipt requested) to <br />the receiving party at the receiving party’s last known address(es). <br /> <br />25. ATTORNEY FEES. <br /> <br />In case LESSOR shall bring suit to recover any rent due hereunder, or for breach of <br />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 <br />otherwise, arising out of this LEASE, the prevailing party shall recover reasonable <br />attorney fees which shall be determined and taxed by the court as part of the costs <br />of such action. <br /> <br />26. RIGHTS OF THE U.S. GOVERNMENT. <br /> <br />The LESSOR holds title to the property herein leased, partially by virtue of a deed <br />from the United States Government. A copy of said deed is available for inspection <br />at the office of the AIRPORT, hereto and made a part of this instrument as though <br />fully set forth herein. LESSEE agrees that it will do nothing which will cause the <br />LESSOR to be in violation of the terms of said deed. LESSEE furthermore agrees <br />that it has had ample opportunity to review said deed and is aware of all of the terms <br />and conditions therein. <br /> <br />27. MEMORANDUM OF LEASE. <br /> <br />LESSOR and LESSEE will execute a Memorandum of Lease and Right of First <br />Refusal that will be recorded in the Kittitas County Auditor’s Office by LESSEE for <br />the purpose of providing constructive notice of the existence of this Lease, the <br />length of the Term, and all rights of Term extensions. The Memorandum of Lease <br />and Right of First Refusal will not disclose any of the financial or economic terms <br />contained in the lease. <br /> <br />28. WAIVER. <br /> <br />No assent, express or implied, by the LESSOR to any breach of any of LESSEE's <br />covenants, agreements, conditions or terms hereof shall be deemed or taken to be <br />a waiver of any succeeding breach of any covenant, agreement, condition or term <br />hereof. <br /> <br />29. VENUE. <br /> <br />In the event of any litigation between LESSOR and LESSEE arising out of this <br />LEASE, the venue for such action shall lie in Kittitas County, notwithstanding any <br />contrary provision of the Revised Code of Washington. <br />