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18.08 <br />No Partnership. This Lease shall not be construed as creating the relationship of principal and <br />agent or of partnership or of joint venture between the parties. The only relationship between the <br />parties is that of Lessor and Lessee. <br />18.09 <br />No Brokers. Lessee warrants that it has had no dealings with any broker or agent in connection <br />with the negotiation or execution of this Lease, and Lessee agrees to indemnify and hold Lessor <br />and Airport Management harmless from and against any and all costs, expense or liability for <br />commissions or other compensation charges payable to any broker or agentof Lessee with <br />respect to this Lease. <br />18.10 <br />Governing Law; Venue; Dispute Resolution. The parties agree that the laws of the State of Texas <br />shall govern this Lease and that exclusive venue for enforcement of this Lease shall lie in Hays <br />County, Texas. In the event a claim, dispute, or controversy (defined for the purposes of this <br />Lease as “Claim”) arises out of or relates to this Lease, Lessor andLessee agree that, as a <br />condition precedent to litigation, Lessor (or, at Lessor’s direction, Airport Manager) shall meet <br />and attempt to resolve the matter within five (5) business days of a party’s request. <br />18.11 <br />Charitable Immunity or Exemption. If Lessee is a charitable association, corporation, <br />partnership, individual enterprise or entity and claims immunity to or an exemption from liability <br />for any kind of property damage or personal damage, injury or death, Lessee hereby expressly <br />waives its rights to plead defensively any such immunity or exemption as against Lessor and <br />Airport Management. <br />18.12 <br />Notices. Notices required of either party pursuant to the provisions of this Lease shall be <br />conclusively determined to have been delivered to the other party when (i) hand-delivered to the <br />other party, or (ii) mailed in the United States Mail, postage prepaid, certified, with return receipt <br />requested, to the address specified below: <br />If to Lessor: <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />If to Lessee: <br />Berry Aviation, Inc. <br />1807 Airport Drive <br />San Marcos, Texas 78666 <br />Attn: Harry M. Berry III, Chairman and CEO <br />Aparty hereto may change its address by giving notice thereof to the other party in conformity <br />with this Section 18.12. <br />18.13 <br />Entire Agreement. This Lease and the exhibits hereto constitute the entire understanding and <br />agreement by the parties hereto concerning the Leased Premises, and any prior or <br />contemporaneous agreement, oral or written, which purports to vary from the terms hereof shall <br />be void. <br />20 <br /> <br />