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12. Notice -All notices and consents hereunder shall be given in writing, delivered in person or
<br /> mailed by certified mail, postage pre-paid,to the receiving party at its address, or to such other
<br /> address as the receiving party may notify the sender beforehand referring to its use agreement.
<br /> 13.Governmental Fees-All fees due under applicable law to the city,county or state on account
<br /> of any legal inspection made on premises by any officer thereof, shall be paid by permittees.
<br /> 14. Default and Re-entry- If any fees above reserved, or any part thereof, shall be and remain
<br /> unpaid when the same shall become due,or if the permittees shall violate or default in any of the
<br /> covenants of this Agreement, then the Arlington Municipal Airport may cancel this use
<br /> agreement and re-enter said premises.
<br /> 15. Cost and Attorney's Fees - If by reason of any default on the part of any party, litigation is
<br /> commenced to enforce any provision of this use agreement or to recover for breach of any
<br /> provision of this use agreement the prevailing party shall be entitled to recover from the other
<br /> party reasonable attorney's fees in such amount as is fixed by the court, and all costs and
<br /> expenses incurred by reason of the breach or default by the other under this use agreement.
<br /> 16. Non Waiver of Breach - The failure of any party to insist upon strict performance of any of
<br /> the covenants and agreements of this use agreement or to exercise any option herein conferred
<br /> in any one or more instance,shall not be construed to be a waiver or relinquishment of any such
<br /> strict performance or of the exercise of such option, or any other covenants or agreements but
<br /> the same shall be and remain in full force and effect.
<br /> 17. Restrictions and Consents - This use agreement shall be and is subject to all the terms,
<br /> covenants, restrictions, reservations and agreements contained in that certain Quit Claim Deed
<br /> dated February 25, 1959, by the United States of America to Town of Arlington, recorded in
<br /> Snohomish County,Washington, on August 20, 1959, in Volume 690 of Deeds, pages 38 through
<br /> 46, under Auditor's File No. 1356180,records of said county,including the written consent of the
<br /> Federal Aviation Agency if the leased premises are to be used for other than airport purposes.
<br /> Under the requirements imposed upon airport as recipient of Federal Aid Airport Program Grant
<br /> Funds,the parties agree as follows: (A) Each permittee covenants that it will not, in its operation
<br /> at the Arlington Airport, on the basis of race, color, creed, or national origin, discriminate or
<br /> permit discrimination against any person or group of persons in any manner prohibited by parts
<br /> 15 and 21 of the Federal Aviation Regulations (49 CFR), and in that the airport has the right to
<br /> take such action as the United States government may direct to enforce this covenant. (B)With
<br /> respect to any aeronautical services, each permittee agrees: 1) to furnish said aeronautical
<br /> service on a fair, equal, and not unjustly discriminatory basis to all users thereof,and 2)to charge
<br /> fair, reasonable and not unjustly discriminatory prices for each unit of service, provided,that the
<br /> permittees may be allowed to make reasonable and nondiscriminatory discounts, rebates or
<br /> other similar types of price reductions to volume purchasers.
<br /> 18. Nondiscrimination- Each permittee on behalf of itself and its elected and appointed officials,
<br /> employees and agents, as a part of the consideration hereof,does hereby covenant and agree as
<br /> a covenant running with the land that in the event facilities are constructed, maintained or
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