2022 Airport Building Lease - Kittitas County Airport Management Draft (3)

Home Browse Search

16. ENTIRE AGREEMENT. This Lease constitutes all of the agreements of the parties with respect to any matter covered or mentioned in the Lease and with no prior agreement, letter of intent or understanding pertaining to any such matter will be effective for any purpose. There are no representations or understandings of any kind not set forth herein. No provisions of this Lease may be amended or added to, except by an agreement in writing, signed by the parties or their respective successors in interest. 17. ATTORNEY’S FEES AND COSTS. In the event either party requires the services of an attorney in connection with enforcing the terms of this Lease, or in the event suit is brought for the recovery of any sums due under this Lease or for the breach of any covenant or condition of this Lease, or for the restitution of the Premises to Landlord or eviction of Tenant during the Term or after the expiration thereof, the substantially prevailing party is entitled to reasonable attorney fees and all costs incurred in connection therewith, including, without limitation, the fees of accountants, appraisers and other professionals, whether at trial, on appeal or without resort to suit. 18. VACATION OF PREMISES – HOLDING OVER. Upon 90-days’ written notice from Landlord given at any time prior to the expiration of the Term, Tenant shall promptly vacate the Premises on or before the last day of the Term, leaving the Premises in the condition described in section (4). If Tenant holds over after the expiration or earlier termination of the Term without the express written consent of Landlord, Tenant will be a Tenant at sufferance only and otherwise subject to the terms, covenants and conditions herein specified, insofar as applicable. During such tenancy, Tenant agrees to pay Landlord One Hundred Fifty percent (150%) of the Base Monthly Rent in effect upon the date of such expiration or termination, unless a different rate is agreed upon by Landlord. 19. SURRENDER OF PREMISES. The voluntary or other surrender of this Lease by Tenant, or by mutual cancellation thereof, will not work a merger and will, at the option of Landlord, operate as an assignment to it of all subleases or sub tenancies. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably surrender the Premises and all of the alterations and additions thereto, leave the Premises broom clean, in as good order, repair and condition as was provided to Tenant on the Commencement Date, reasonable wear and tear excepted, and Tenant shall comply with the provision of Section (4). The delivery of keys to any employee of Landlord or to Landlord’s agent or any employee thereof shall not be sufficient to constitute a termination of this Lease or surrender of the Premises. 20. PERFORMANCE BY TENANT. Except as otherwise expressly provided hereunder, all covenants and agreements to be performed by Tenant under this Lease will be performed by Tenant at Tenant’s sole cost and expense and without any abatement of Rent. If Tenant fails to pay any sum of money owed to any party other than Landlord for which Tenant is liable hereunder, or if Tenant fails to perform any other act on its part to be performed hereunder, and such failure continues for 10 days after notice thereof by Landlord, Landlord may, without waiving or releasing Tenant from its obligations, make any such payment or perform any such other act to be made or performed by Tenant. Tenant shall pay Landlord, on demand, all sums so paid by Landlord and all necessary incidental costs, together with interest thereon at the lesser of 1-1/2% per month or the maximum rate permissible by law, from the date of such payment by Landlord.