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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 of 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 Applicable 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 or 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 Party 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 Severability_ 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, joint enterprise, of 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 msofat as they are inconsistent with the provisions of the lease to the United States <br />Government, shall be suspended <br />0 <br />