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event" is an act or event, whether foreseen or unforeseen, that prevents a party 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 />13.7 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 />13.8 Attorneys Fees. If either party is required to bring or maintain any action (including
<br />assertion of any counterclaim or cross -claim, or claim in a proceedings in arbitration,
<br />bankruptcy, receivership or any other proceeding instituted by a party 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 required 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 />13.9 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 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 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 />termination of this Lease.
<br />13.10 Amendments and Waivers. No amendment to this Lease shall be binding on
<br />Lessor or Lessee unless reduced to writing and signed by both parties. 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 />13.11 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 party. If any provision of this
<br />Lease is held invalid, illegal, or unenforceable, the parties shall negotiate in good faith to
<br />LESSEE Gc 20 LESSOR
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