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2021-195-resolution
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2023-04-04 10:00 AM - Commissioners' Agenda
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2021-195-resolution
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Last modified
3/30/2023 12:11:13 PM
Creation date
3/30/2023 12:10:20 PM
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Meeting
Date
4/4/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Authorizing an Amendment of the Merrill Lease to Reflect the Correct Legal Description and Annual Lease Price of the Real Property Leased at the Bowers Field Airport
Order
18
Placement
Consent Agenda
Row ID
101486
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13.11 Governing Law, Venueo 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 for any 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 COLINTERCLAIM 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 l3.ll shall survive any expiration or <br />termination of this Lease. <br />13.12 Amendments and Waivers. No amendment to this Lease shall be binding on <br />Lessor or Lessee unless reduced to writing and signed by both pafties. No provision of this <br />Lease may be waived, except pursuant to a writing executed by the party against whom the <br />waiver is sought to be enforced. <br />13.13 Severability. If any provision of this Lease is determined to be invalid, illegal, or <br />unenforceable, the remaining provisions of this Lease shall remain in full force and effect <br />if both the economic and legal substance of the transactions that this Lease contemplates <br />are not affected in any manner materially adverse to any par-ty. If any provision of this <br />Lease is held invalid, illegal, or unenforceable, the parties shall negotiate in good faith to <br />modif, this Lease to fulfill as closely as possible the original intents and purposes of this <br />Lease. <br />13.14 Merger. This Lease constitutes the final, complete, and exclusive Lease between <br />the parties on the matters contained in this Lease. All prior and contemporaneous <br />negotiations and Leases between the parties on the matters contained in this Lease are <br />expressly merged into and superseded by this Lease. In entering into this Lease, neither <br />party has relied on any statement, representation, warranty, nor Lease of the other party <br />except for those expressly contained in this Lease. <br />13.15 Confidentiality. Lessee acknowledges that Lessor is subject to legal requirements <br />regarding the public disclosure of records. Lessee shall comply with such laws in <br />connection with making any request that Lessor maintain a record confidentially, and if <br />Lessee complies with the same Lessee shall have the right to defend any such request for <br />confidentiality at Lessee's expense. <br />13.16 Relationship of Parties. This Lease does not create any partnership, joint venture, <br />employment, or agency relationship between the parties. Nothing in this Lease shall confer <br />upon any other person or entity any right, benefit, or remedy of any nature. <br />13.17 Further Assurances. Each party shall execute any document or take any action <br />that may be necessary or desirable to consummate and make effective a performance that <br />is required under this Lease. <br />LESSEE <br />\A^r/A <br />2t LESSOR
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