|
LESSEE__________ 16 LESSOR__________
<br />
<br />party in whole or in part from performing as provided in this Lease, that is beyond the
<br />reasonable control of and not the fault of such party, and that such party has been unable
<br />to avoid or overcome by exercising due diligence, and may include, but is not limited to,
<br />acts of nature, war, riots, pandemics, strikes, accidents, fire, and changes in law.
<br />
<br /> 12.9 Rights and Remedies. Except as expressly set forth in this Lease, the rights
<br />and remedies set forth in this Lease are not intended to be exhaustive and the exercise by
<br />either party of any right or remedy does not preclude the exercise of any other rights o r
<br />remedies that may now or subsequently exist.
<br />
<br /> 12.10 Attorneys Fees. If either party is required to bring or maintain any action
<br />(including assertion of any counterclaim or cross-claim, or claim in a proceedings in
<br />arbitration, bankruptcy, receivership or any other proceeding instituted by a party hereto or
<br />by others), or otherwise refers this Lease to an attorney for the enforcement of any of the
<br />covenants, terms or conditions of this Lease, the prevailing party in such action shall, in
<br />addition to all other payments required herein, receive from the other, all the costs incurred
<br />by the prevailing party including reasonable attorneys’ fees and such costs and reasonable
<br />attorneys’ fees which the prevailing party incurred in, and in preparation for, such action,
<br />arbitration, trial, appeal, review and/or proceeding in bankruptcy court. The provisions of
<br />this Section 13.10 shall survive any expiration or termination of this Lease.
<br />
<br /> 12.11 Governing Law, Venue, and Waiver of Jury Trial. This Lease and the
<br />respective rights and obligations of the parties shall be governed by, interpreted, and
<br />enforced in accordance with the laws of the State of Washington. Venue for any action
<br />arising out of or related to this Lease or actions contemplated hereby shall be laid in Kittitas
<br />County, Washington, and each of the parties hereby irrevocably consents to the jurisdiction
<br />of the same. LESSOR AND LESSEE EACH KNOWINGLY, VOLUNTARILY, AND
<br />INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION,
<br />PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THEM AGAINST
<br />THE OTHER FOR ALL MATTERS ARISING OUT OF OR RELATING TO THIS
<br />LEASE OR ANY USE, OCCUPANCY, OR OPERATIONS AT THE PREMISES OR
<br />THE AIRPORT. The provisions of this Section 13.11 shall survive any expiration or
<br />termination of this Lease.
<br />
<br /> 12.12 Amendments and Waivers. No amendment to this Lease shall be binding
<br />on Lessor or Lessee unless reduced to writing and signed by both parties. No provision of
<br />this Lease may be waived, except pursuant to a writing executed by the party against whom
<br />the waiver is sought to be enforced.
<br />
<br /> 12.13 Severability. If any provision of this Lease is determined to be invalid,
<br />illegal, or unenforceable, the remaining provisions of this Lease shall remain in full force
<br />and effect if both the economic and legal substance of the transactions that this Lease
<br />contemplates are not affected in any manner materially adverse to any party. If any
<br />provision of this Lease is held invalid, illegal, or unenforceable, the parties shall negotiate
<br />in good faith to modify this Lease to fulfill as closely as possible the original intents and
<br />purposes of this Lease.
|