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Lessor; Airport Director <br />Bowers Field <br />3110 Airport Rd <br />Ellensburg WA 98926 <br />Lessee: Linda and Mark Merrill <br />4221 Fairview Rd <br />Ellensburg, WA 98926 <br />509-968-3132 <br />Either Lessor or Lessee may change its notice address by giving written notice (as provided <br />herein) of such change to the other party. Any notice, demand, or written consent or <br />communication shall be deemed to have been given, and shall be effective, upon <br />compliance with this Section 13.7 and delivery to the notice address then in effect for the <br />party 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 perf'onnance 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 resume thereafter at the expense of the party so delayed or hindered. A "force majeure <br />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 />13.9 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. lfeither 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 />I,1H'.SSF.E �� 20 LESSOR^4?GJ <br />A <br />