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perfonnance, together with interest and service fees for any past due amounts (as provided in Section 3.2) and an adrninistrative charge equal to twelve percent (12%) of the cost incured by Lessor which the parties agree is a reasonable estimate of and liquidated damages for Lessor's overhead expenses associated with sucli perfonnance; (ii) tenninate Lessee's rights under this Lease upon delivering a written notice of tennination; and (iii) re-enter and take possession of the Premises by any lawful lneans with or without terminating this Lease. Lessee shall pay all costs and damages arising out of Lessee's default, including, but not liniited to, the cost of recovering possession of the Premises, the cost of improving and reletting the Prernises, including, but not limited to, any real estate broker fees or marketing costs, and attorneys' fees and costs regardless of whether fonnal action is commenced or concluded. No action by Lessor or Lessor's Associates shall be construed as an election by Lessor to terminate this Lease or accept any sunender of the Premises unless Lessor provides Lessee with a written notice expressly stating that Lessor has terminated this Lease or accepted a surrender of the Premises. Following a default by Lessee under this Lease, Lessor shall exercise commercially reasonable, good faith efforts to rnitigate its damages as required by applicable law. 12.3 Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform an obligation required of Lessor under this Lease within thirty (30) days after written notice by Lessee to Lessor. If the nature of Lessor's obligation is such that more than thirty (30) days are reasonably required for performance or cure, Lessor shall not be in default if Lessor commences performance within such thirfy (30) day period and theteafter diligently prosecutes the same to completion. 12.4 Survival. The provisions of this Section 12 and the rernedies and rights provided in Section 7 shall survive any expiration or termination of this Lease. 12.5 Holding Over. If Lessee remains in possession of the Premises and Improvements after any expiration or termination of this Lease, it shall be deemed that the Lessee has entered into such occupancy without the permission of Lessor. Such occupancy shall not waive any default under this Lease and Lessor may terminate such occupancy as a tenancy at sufferance. During such occupancy, Lessee shall comply with all provisions of this Lease along with those that are applicable to a tenancy at sufferance, and reasonable rent for the Pretnises shall be deemed to be the highest rate then charged at the Airport for ground rent plus rent for the Improvements at its then fair market value based on Lessor's survey of rent for sirnilarly situated facilities at the Airport and at other similar, tertiary airports in the Western United States, which Lessor shall determine in its reasonable discretion. 13. General Provisions. l3.l No Exclusive Rights. Nothing in this Lease shall be construed to grant to Lessee any exclusive right or privilege for the conduct of any activity on the Airport, except to lease the Premises for Lessee's exclusive use as provided herein. 13.2 Lease Preserves Authority's Compliance. This Lease shall be interpreted to preserve Lessor's rights and powers to comply with Lessor's Federal and other governmental obligations. LES sF.8rn 18 LESSOR