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palty to whiclr the noticc is dircctcd; providcd, howcver, that such delivery shall not bc
<br />iefeate<l or delayed by any refusal to accept delivery or an inability to eflect delivery
<br />because of an address change that was not properly conrmunicatcd.
<br />13.8 Force Majeure. No act or event, whethcr fbreseen or ltnforeseen, shall opcratc to
<br />excuse Lessee lrom the prontpt payment of rent or any otlrer amounts required to be paid
<br />uncler this Lease. If Lessor, or Lessee in connection witli obligations other than paymcnt
<br />ohligations, is delayed or hinderecl in any perfbrmance undcr this Lcase by a fotce majeure
<br />,u.nlt, such perlormance shall be excused to the extent so delaycd or hindered during the
<br />time when such force majeurc event is in effect, and such perfirnnance shall promptly occur
<br />or resulne thercafter at tire cxpcnse ol'the party so delayed or hindered. A "force tnajeure
<br />evcnt" is an act or event, whether fbreseen or unfbrescen, 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 lras been unable to avoid or overcome
<br />by excrcising due diligence. and may include, but is not lirnited to, acts of nattlre, war,
<br />riots, pandemics, strikes, accidettts, fire, and changes in law.
<br />l3.g Rights and Remedies. Except as expressly set forth in this Lease, the rights and
<br />remedies rct forth in this Lease are not intended to be cxhaustivc and thc cxcrcise by either
<br />party of aly 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 />asscrtion of any counterclairn or cross-claim, or claim in a'proceedings in arbitration,
<br />bankruptcy, reclivership or any other proceeding institr*ed by a party hereto or by others),
<br />or otherwise rcfers this Lease to an attorney for the enforcement of any of the covenants,
<br />tems or colditions of this Lease, the prevailing party ir-r such action shall, in addition to
<br />all other payments required herein, receive from the other, all thc costs incurred by the
<br />prcvailing iarty including reasonable attorneys' fbes and such costs and reasonable
<br />uttorn.y.; f:ees which the prevailing party incurred in, and in preparation for, such action,
<br />arbitration, trial, appcal, revicw and/or proceeding in bankruptcy court' The provisions of
<br />this Section 13.10 shall survive any expiration or tennination of this Lease'
<br />l3.l I Governing Law, Venue, and Waiver of Jury I.rial. This Lease and the respective
<br />rights and obligations of the parties shall be govenrcd by, interpreted, and enforced in
<br />aJcordance 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 Clounty,
<br />Washington, and each of the parties hereby irrevocably conscnts to the jurisdiction of the
<br />sarne. LeSson AND LESSEE EACH KNOWINGLY, VOLUNTARILY, ANI)
<br />INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY ruRY {N ANY ACTION'
<br />PROCEEDING, OR COUNTERCLAIM BROUGHT tsY EITHER OI'- THEM AGAINST
<br />TTIE OTIIER FOR ALL MATTERS ARISING OUT OF OR RELATINC TO THIS
<br />LEASE OR ANY USE, OCCUPANCY, OR OPERATIONS AT THE PREMISES OR
<br />TgE A1RPORT. The provisions of this Section l3.ll shall survive any expiration or
<br />tennination of this Lease.
<br />LESSE n-3:4n-20 LESSOR
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