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paffy to which the notice is directed; provided, however, that such delivery shall not be
<br />defeated or delayed by any refusal to accept delivery or an inability to effect delivery
<br />because of an address change that was not properly communicated.
<br />13.8 Force Majeure. No act or event, whether foreseen or unforeseen, shall operate to
<br />excuse Lessee from the prompt payment of rent or any other amounts required to be paid
<br />under this Lease. If Lessor, or Lessee in connection with obligations other than payment
<br />obligations, is delayed or hindered in any performance under this Lease by a force majeure
<br />event, such performance shall be excused to the extent so delayed or hindered during the
<br />time when such force majeure event is in effect, and such performance shall promptly occur
<br />or resulne thereafter at the expense of the parly so delayed or hindered. A "force majeure
<br />event" is an act or event, whether foreseen or unforeseen, that prevents a pafty in whole or
<br />in part from performing as provided in this Lease, that is beyond the reasonable control of
<br />and not the fault of such party, and that such party has been unable to avoid or overcome
<br />by exercising due diligence, and may include, but is not limited to, acts of nature, war,
<br />riots, pandemics, strikes, accidents, fire, and changes in law.
<br />13.9 Rights and Remedies. Except as expressly set forth in this Lease, the rights and
<br />remedies set forth in this Lease are not intended to be exhaustive and the exercise by either
<br />party of any right or remedy does not preclude the exercise of any other rights or remedies
<br />that may now or subsequently exist.
<br />13.10 Attorneys Fees. If either party is required to bring or maintain any action (including
<br />asseftion of any counterclaim or cross-claim, or claim in a'proceedings in arbitration,
<br />bankruptcy, receivership or any other proceeding instituted by aparty hereto or by others),
<br />or otherwise refers this Lease to an attorney for the enforcement of any of the covenants,
<br />terms or conditions of this Lease, the prevailing party in such action shall, in addition to
<br />all other payments reqr,rired herein, receive from the other, all the costs incurred by the
<br />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 />13.11 Governing Law, Venue, and Waiver of Jury Trial. This Lease and the respective
<br />rights and obligations of the parties shall be governed by, interpreted, and enforced in
<br />accordance with the laws of the State of Washington. Venue forany action arising out of
<br />or related to this Lease or actions contemplated hereby shall be laid in Kittitas County,
<br />Washington, and each of the parties hereby irrevocably consents to the jurisdiction of the
<br />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 />tennination of this Lease.
<br />LESSEE ?wr 20 LESSOR
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