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benefit of the hens, successors, executors, administrators, assigns and personal representatives of the
<br />respective Parties
<br />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 of communications, the Party
<br />through whom the broker of finder makes a successful claim shall be responsible fol 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 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 S 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 of 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, of any business
<br />relationship other than that of City and Tenant
<br />12 12 Force Maieure 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 wittim 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 or any part thereof
<br />to the United States Government for military use, and if such lease is executed, the provisions of this
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