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12.2 Captions. The captions of this Agreement are for convenience and case of reference <br />only and do not define, limit, augment or describe the scope, content or intent of this Agreement. <br />12.3 Successors. Subject to the provisions of this Agreement on assignment and <br />subletting, each and all of the covenants and conditions of this Agreement shall be binding on and <br />shall inure to the benefit of the heirs, successors, executors, administrators, assigns and personal <br />representatives of the respective Parties. <br />12.4 Broker's Commissions. Expenses. Tenant and City mutually covenant that no <br />brokers have been or will be used with respect to this Agreement. In the event any broker or finder <br />perfects a claim for a commission or finder's fee based upon any such contract, dealings or <br />communications, the Party through whom the broker or finder makes a successful claim shall be <br />responsible for said commission or fee and all costs and any expenses (including reasonable <br />attorneys' fees) incurred by the other Party in defending against the same. <br />12.5 Applicable Law and Forum. This Agreement shall be construed and interpreted <br />according to California law and any action to enforce the terms of this Agreement or for the breach <br />thereof shall be brought and tried in the County of San Bernardino. <br />12.6 Covenants and Conditions. All provisions of this Agreement whether covenants <br />or 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 <br />each and every provision contained in this Agreement. <br />12.8 No Discrimination. Tenant shall comply with all applicable federal, state and <br />local laws, rules and regulations relating to non-discrimination in employment and services because <br />of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition and <br />handicap. <br />12.9 No Third Party Beneficiaries. Nothing contained in this Agreement shall be <br />construed to 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, <br />covenants, conditions, provisions and Leases in this Agreement shall be construed and given effect in <br />a manner that avoids any violation of statute, regulation or law. City and Tenant covenant and agree <br />that in the event any term, covenant, condition, provision or Lease in this Agreement is held to be <br />invalid or void by court of competent jurisdiction, the invalidity of any such term, covenant <br />condition, provision or Lease shall in no way affect any other term covenant, condition provision or <br />Lease in this Agreement. <br />12.11 Relationship. The Parties intend by this Agreement to establish the relationship of <br />City and Tenant only, and do not intend to create a partnership, joint venture, joint enterprise, or any <br />business 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 <br />Agreement if it is prevented from performing any of the obligations hereunder by reason of <br />Redlands Flying Club Hangar #13 8 <br />