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12 4 Broker's Commissions Expenses Tenant and City mutually covenant that no brokers have <br /> been or will be used with respect to this Agreement In the event any broker or finder perfects a claim <br /> for a commission or finder's fee based upon any such contract, dealings or communications, the Party <br /> through whom the broker or finder makes a successful claim shall be responsible for said <br /> commission or fee and all costs and any expenses (including reasonable attorneys' fees) incurred by <br /> the other Party in defending against the same <br /> 12 5 Aoolicable Law and Forum This Agreement shall be construed and interpreted according to <br /> California law and any action to enforce the terms of this Agreement of for the breach thereof shall <br /> be brought and tried in the County of San Bernardino <br /> 12 6 Covenants and Conditions All provisions of this Agreement whether covenants or <br /> conditions, on the part of Tenant shall be deemed to be both covenants and conditions and such <br /> covenants shall survive termination <br /> 12 7 Time of Essence Time is and shall be of the essence of this Agreement and of each and <br /> every provision contained in this Agreement <br /> 12 8 No Discrimination Tenant shall comply with all applicable federal, state and local laws, <br /> rules and regulations relating to non-discrimination in employment and services because of race, <br /> color, ancestry, national origin, religion, sex, marital status, age, medical condition and handicap <br /> 12 9 No Third Partv Beneficiaries Nothing contained in this Agreement shall be construed to <br /> create and the parties do not intend to create any rights in third parties <br /> 12 10 Construction of Lease Severabilitv To the extent allowed by law, the terms, covenants, <br /> conditions, provisions and Leases in this Agreement shall be construed and given effect in a manner <br /> that avoids any violation of statute, regulation or law City and Tenant covenant and agree that in the <br /> event any term, covenant, condition, provision or Lease in this Agreement is held to be invalid or <br /> void by court of competent jurisdiction, the invalidity of any such term, covenant condition, <br /> provision or Lease shall in no way affect any other term covenant, condition provision or Lease in <br /> this Agreement <br /> 12 11 Relationship The Parties intend by this Agreement to establish the relationship of City and <br /> Tenant only, and do not intend to create a partnership,joint venture,point enterprise, or any business <br /> relationship other than that of City and Tenant <br /> 12 12 Force Majeure Neither the City nor Tenant shall be deemed in violation of this Agreement <br /> if it is prevented from performing any of the obligations hereunder by reason of embargoes, <br /> shortages of material, acts of God, acts of the public enemy, acts of superior governmental authority, <br /> weather conditions, floods, riots, rebellions, sabotage, or any other circumstances for which it is not <br /> responsible or which are not within its control, and the time for performance automatically shall be <br /> extended by the period the party is prevented from performing its obligations hereunder During time <br /> of war or national emergency, Lessor shall have the right to lease the landing area of any part thereof <br /> to the United States Government for military use, and if such lease is executed, the provisions of this <br /> Agreement insofar as they are inconsistent with the provisions of the lease to the United States <br /> Government, shall be suspended <br /> 8 <br />