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MI -04106 14:21 FAX 6094639349 COLUMBIA BASIN RR 0007 j 25,. Ail questions concerning the lmrpretation or application of provisions of this Lease shall be decided according to the laws of the State In which the Property is located. 26. To the maximum extent possible, each provision of this Lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Lease shall be prohibited by, or held to be invalid under, applicable law, such provision shall be Ineffective solely to the extent of such prohibition or Invalidity, and this shall not invalidate the remainder of such provision or any other provision of this Lease. 27. The waiver by Lessor of the breach of any provision herein by Lessee shall In no way impair the right of Lessor to enforce that provision for any subsequent breach thereof, 28. If all or any part of the Property is subjected to taking under eminent dornaln laws, this Lease shall carminate from the time possession ig taken by the condemning entity, with prepaid rentals prorated. Lessee agrees that it is not entitled to, and hereby disclaims, any award made for such taking, excepting only an award issued solely and expressly to compensate for the taking of personal property or buildings owned or constructed by Lessee. 29. Nothing in this Lease shall prevent Lessor from discontinuing service over any railroad line. or lines; by . which rail service tnay be provided to the Property. . 30. All notices to be given by Lessee to Lessor shall be van by letter, deeppoosited with the United States Postal Service, postage prepaid, addressed to IRON HORSE DE PREM. L.L.C, 6 E. Arlington, Yakima, WA 98901. AIF notkes to be given by Lessor shall be similarly given, addressed to Lessee at the address stated above. It is the Lessee's duty to notify Lessor promptly in writing of aay change in its address; if it fails to do so, any notice from Lessor sent to its last known address shall be effective, whether or not rec6ved. 31. This Lease Is the full and complete agreement between Lessor and Lessee with respect to all matters relating to lease of the Property, and supersedes any and all other agreements between the parties hereto relating to tease of the.Property. If this Lease is a reissue of an existing agreement(s) held by Lessee, it shall supersede and cancel the previous Lease or Leases, without prejudice to any liability accrued prior to cancellation. 'this Lease shall inure to the benefit of and be binding upon the parties hereto and their heirs, executors, J administrators, successors and assigns. TEE BUR.LLINGI'ONRTFIERN AND SANTA 1� RAILWAX CQMPANY BY: f7 �LCA�— We$ Greavu, (kneral Director Gen. Director Dev. & Acquisition LESSEE: IUTrrrAS COUNT 'S DEPARTUMM BY: TITLE ! L a+ By signing this agreement, I acknowledge that I have read and understand it, and will abide by all of its terms. nW.Doc