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such costs shall be born by Lessee. In such case, Lessor may make payment of the <br />amount determined to be owed, and Lessee shall reimburse Lessor for such costs <br />within 30 days of receipt of Lessor's request for reimbursement. <br />18. NOTICE: All notices under this lease shall be in writing and shall be effective <br />when mailed by certified mail or delivered to Lessor at the address below stated, or <br />to Lessee at the address below stated or to such other address as either party may <br />designate from time to time: <br />LESSOR: CITY OF TUKWILA LESSEE: Way Back Inn Foundation <br />ATTN: Mayor's Office PO Box 621 <br />6200 Southcenter Boulevard Renton, Washington 98057-0621 <br />Tukwila, Washington 98188 <br />19. TERMINATION: Either party has the right to terminate this Lease if the other <br />party is in default of any material obligation or representation of this lease which <br />default is incapable of cure, or which being capable of cure, is not cured within ten <br />days after receipt of written notice of such default. <br />20. GENERAL PROVISIONS: <br />A. TIME IS OF THE ESSENCE OF THIS LEASE. <br />B. In the event of any action or proceeding brought by either party against the <br />other under this lease, the Prevailing party shall be entitled to recover for the <br />fees of its attorneys in such action or proceeding, including costs of appeal, if <br />any, in such amount as the court may adjudge reasonable Attorneys' fees. For <br />the purposes of this provision, the terms "action" or "proceeding" shall include <br />arbitration, administrative, bankruptcy, and judicial proceedings, including <br />appeals therefrom. <br />C. This lease shall be construed and governed by the laws of the State of <br />Washington. <br />D. Upon termination of this lease, Lessee shall surrender all keys to the Lessor at <br />the place then fixed for notice. <br />21. AUTHORITY OF LESSEE: Lessee, and each individual executing this lease on <br />behalf of Lessee, represent and warrant that s/he is duly authorized to execute and <br />deliver this lease, and that this lease is binding upon Lessee in accordance with its <br />terms. <br />22. WAIVER AND FORBEARANCE: No waiver by Lessor of any breach or default by <br />lessee of any of its obligations or agreement or covenants herein, shall be deemed <br />to be a waiver of any subsequent breach or default of the same or any other <br />covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy <br />{KZS2490756.DOC;1/13175.000001/ } <br />Page 5 of 7 <br />7 <br />