Conduct PHearing_K. Nickerson Lease_Kittitas County Airport

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12.2 Remedies. Upon any default by Lessee under this Lease and subject to Section 12, Lessor may at any time pursue any or all remedies available to Lessor, including, but not limited to, the following: (i) perform in Lessee's stead any obligation that Lessee has failed to perform, and Lessee shall promptly pay to Lessor all costs incurred by Lessor for such perfonnance, together with interest and service fees for any past due amounts (as provided in CQ��inr� 1-7) �rFcj an ��rr�lrZictr�tiy� c_,1��,raP Pnli�l to tw�lyQ n�r�Pnt (1�_%1 of thQ �n.ct Mal incurred by Lessor which the parties agree is a reasonable estimate of and liquidated damages for Lessor's overhead expenses associated with such performance; (ii terminate Lessee's rights under this Lease upon delivering a written notice of termination; and (iii) re-enter and take possession of -the Premises bv an), lawful means with or without terminatl' default, including ng this Lease. Lessee shall pay all costs and damages arising out of Lessee's but not limited to, the cost 0 cost of improving and relettl*ng the Premises., i broker fees or marketing costs, and attorneys' f recovering possession of the Premises, the ncludi*ngft but not limited to, any real estate fees and costs regardless of whether formal actionis 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 surrender 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 0 to mitigate its damages as required by applicable law. 12.3 Default by Lessor. Lessor shall not be j"n 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 thirty (30) day period and thereafter diligently prosecutes the same to completion. 12.4 Survival. The provisions of this Section ] 2 and the remedies 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 alter any exrat* pion or termination of this Lease, tt shall be deemed that the Lessee has entered into such occupancy without the permission of Lessor. Such occupancy shall not dr waive any aetauit under this i,ease anG 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 Premises 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 similarly situated facilities at the Airport and at other similar, tertiary airports in the Western United States, which Lessor shall determine in its reasonable discretion. 139 GENERAL PROVISIONS. 13.1 No Exclusive Rights. Nothing in -this Lease shall be construed to grant to Lessee ive right or privi9lee for the conduct of any activity on the Airport, except toany exclus lease the Premises for Lessee 's exclusive use as provided herein. LESSEE I4� 18 LESSOR