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KITTITAS COUNTY <br />the balance of the term after the time of the court's award which exceeds <br />the amount of such loss for the same period that Lessee proves could be <br />reasonably avoided; and that portion of any leasing commission paid by <br />Lessor and applicable to the unexpired term of this Lease. <br />e. Unpaid installments of rent or other sums shall bear interest from the date <br />due at the rate of ten (10%) percent per annum. <br />(2) In the alternative, Lessor may maintain Lessee's right to possession, in which <br />case this Lease shall continue in effect whether or not Lessee shall have <br />abandoned the Premises. In such event Lessor shall be entitled to enforce all <br />of Lessor's rights and remedies under this Lease, including the right to recover <br />the Rent and any other charges and adjustments as may become due <br />hereunder; or, <br />(3) Lessor may pursue any other remedy now or hereafter available to Lessor <br />under the laws or judicial decisions of the State of Washington. <br />22. DEFAULT BY LESSOR. Lessor shall not be in default unless Lessor fails to perform <br />obligations required of Lessor within a reasonable time, but in no event later than Thirty <br />(30) days after written notice by Lessee to Lessor specifying wherein Lessor has failed <br />to perform such obligation; PROVIDED, however, that if the nature of Lessor's <br />obligation is such that more than Thirty (30) days are required for performance, then <br />Lessor shall not be in default if Lessor commences performance within such Thirty (30) <br />day period and thereafter diligently prosecutes the same to completion. In no event <br />shall Lessee have the right to terminate this Lease as a result of Lessor's default and <br />Lessee's remedies shall be limited to damages and/or injunction. <br />23. SALE OF PREMISES BY LESSOR. In the event of any sale of the Property or <br />Premises leased by Lessor, Lessor shall be and is hereby entirely freed and relieved of <br />all liability under any and all of its covenants and obligations contained in or derived <br />from this Lease arising out of any act, occurrence or omission arising after <br />consummation of such sale. The purchaser at such sale or any subsequent sale of the <br />Property or leased Premises shall be deemed, without any further agreement between <br />the parties or their successors in interest or between the parties and any such <br />purchaser, to have assumed and agreed to carry out any and all of the covenants and <br />obligations of Lessor under this Lease. <br />24. WAIVER. 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 a <br />waiver of any succeeding breach of any covenant, agreement, condition or term hereof. <br />The subsequent acceptance of Rent by Lessor shall not be deemed to be a waiver of any <br />preceding default by Lessee of any term, covenant, condition or term of this Lease, other <br />than the failure of Lessee to pay the particular Rent so accepted, regardless of Lessor's <br />knowledge of such preceding default at the time of the acceptance of such rent. <br />PAGE 12 <br />