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or fee and all costs and any expenses (including reasonable attorneys' fees) incurred by the other Party in <br />defending against the same. <br />19.5 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 thereof <br />shall be brought and tried in the County of San Bernardino. <br />19.6 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 covenants <br />shall survive termination. <br />19.7 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 />19.8 No Discrimination. Tenant shall comply with all applicable federal, state and local <br />laws, 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 />19.9 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 />19.10 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 a <br />manner that avoids any violation of statute, regulation or law. City and Tenant covenant and agree that in <br />the event any term, covenant, condition, provision or Lease in this Agreement is held to be invalid or void <br />by court of competent jurisdiction, the invalidity of any such term, covenant condition, provision or Lease <br />shall in no way affect any other term covenant, condition provision or Lease in this Agreement. <br />19.11 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 />19.12 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 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 extended <br />by the period the party is prevented from performing its obligations hereunder. During time of war or <br />national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United <br />States Government for military use, and if such lease is executed, the provisions of this Agreement insofar <br />as they are inconsistent with the provisions of the lease to the United States Government, shall be <br />suspended. <br />Steven C. Bart - Hangar #17 <br />11 <br />