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Lease Payments obligations of the City. Upon receipt by Lessor <br /> Lc33cc of all Lease Payments (whether from payments by the City or <br /> credits of payments from lessees other than the City) , this Lease <br /> shall terminate. <br /> 18 . 2 Litigation Expenses. In the event Lessor is required <br /> to bring any action for the enforcement of any of the covenants, <br /> terms and conditions of this Lease, and shall be successful in such <br /> action, City shall, in addition to all other payments required <br /> herein, pay all the costs of any actions brought by Lessor <br /> including reasonable attorneys' fees. <br /> 18 . 3 Waiver. Neither the acceptance of Lease Payments nor <br /> any other actions or omissions of Lessor at any time or times after <br /> the happening of any event authorizing the cancellation or <br /> forfeiture of this Lease, shall operate as a waiver of any past or <br /> future violation, breach or failure to keep or perform any <br /> covenant, agreement, term or condition hereof, or deprive Lessor <br /> of its right to cancel or forfeit this Lease, upon the written <br /> notice provided for herein, at any time that cause for cancellation <br /> or forfeiture may exist, or be construed so as to at any future <br /> time estop Lessor from promptly exercising any other option, right <br /> or remedy that it may have under any term or provision of this <br /> Lease. <br /> 18 . 4 Force Majeure. If by reason of force majeure the City <br /> is unable in whole or in part to carry out its obligations under <br /> this Lease with respect to the Improvements, other than its <br /> obligation to pay Lease Payments with respect thereto, the City <br /> shall not be deemed in default during the continuance of such <br /> inability, provided notice thereof is given to the Lessor. The <br /> term "force majeure" as used herein means, without limitation, the <br /> following: acts of God; strikes, lockouts or other industrial <br /> disturbances; acts of public enemies; orders or restraints of any <br /> kind of the government of the United States of America or the State <br /> of Washington or their respective departments, agencies, or <br /> officials, or any civil or military authority; insurrections; <br /> riots; landslides; volcanoes; earthquakes; fires; storms; droughts; <br /> floods; explosions; breakage or accident to machinery, transmission <br /> pipes or canals; or any other cause or event not reasonably within <br /> the control of the City and not resulting from its negligence. The <br /> City agrees, however, to remedy with all reasonable dispatch the <br /> cause or causes preventing the City from carrying out its agree- <br /> ments hereunder; provided that the settlement of strikes, lockouts <br /> and other industrial disturbances shall be entirely within the <br /> discretion of the City and the City shall not be required to make <br /> settlement of strikes, lockouts and other industrial disturbances <br /> by acceding to the demands of the opposing party or parties when <br /> such course is in the judgment of the City unfavorable to the City. <br /> -19- D0T439 91/09/24 <br />