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ARTICLE 18: MISCELLANEOUS <br /> 18.01 Gender Neutral. When the singular number is used in this Lease, it will include the plural when <br /> appropriate, and the neuter gender will include the feminine and masculine genders when <br /> appropriate. <br /> 18.02 Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under <br /> present or future laws,this Lease will remain in effect,and the remaining provisions will continue <br /> in force if they can be given effect without the invalid portion. <br /> 18.03 Amendment. This Lease may be amended only by an instrument in writing signed by both parties. <br /> This Lease shall apply to and be binding upon the parties and their permitted successors in interest <br /> and legal representatives. <br /> 18.04 Headings. The captions used in this Lease are for convenience only and do not in any way limit or <br /> amplify the terms and provisions of this Lease. <br /> 18.05 Nonwaiver of Rights. No waiver of default by either party of any terms, covenants and conditions <br /> hereof to be performed,kept and observed by the other party shall be construed as,or shall operate <br /> as,a waiver of any subsequent default of any of the terms,covenants or conditions herein contained, <br /> to be performed,kept and observed by the other party. <br /> 18.06 Force Majeure. Whenever a period of time is prescribed for action to be taken by Lessor or Lessee, <br /> any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental <br /> laws, regulations or restrictions or any other causes beyond the reasonable control of Lessor or <br /> Lessee (herein, `force majeure") shall be excluded from the computation of any such period of <br /> time. <br /> 18.07 Quiet Enjoyment. Lessor represents and warrants that it has the lawful authority to enter into this <br /> Lease and has title to the Leased Premises. Lessor further covenants that Lessee shall have and <br /> enjoy undisturbed possession of the Leased Premises as long as Lessee performs its obligations <br /> under this Lease. This Lease is subject, however, to the rights of the United States of America <br /> during periods of national emergency and its right to take all or a portion of the Airport for federal <br /> activities,as provided herein. <br /> 18.08 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 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 agent of Lessee with respect <br /> to this Lease. <br /> 18.10 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 Lease <br /> as "Claim") arises out of or relates to this Lease, Lessor and Lessee agree that, as a condition <br /> precedent to litigation, Lessor(or, at Lessor's direction, Airport Manager) shall meet and attempt <br /> to resolve the matter within five(5)business days of a party's request. <br /> -18- <br />