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agreements for which aid for development of the Airport was or will be granted. If these obligations unreasonably restrict EBS's use of the Facility, then EBS may terminate this Agreement, and the parties will have no further obligations. B. It is specifically understood and agreed that this Agreement does not grant or authorize an exclusive right for conducting any aeronautical activity which is unlawfully discriminatory. EBS specifically agrees not to discriminate in its use of the Facility in any manner prohibited by Federal Aviation Administration Regulations. EBS further agrees to comply with any nondiscrimination enforcement procedures required by the Federal or State government. C. The City reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions; and to limit Hearn and EBS from erecting any building or structure on the Airport or on the Property that would limit the usefulness of the Airport or constitute a hazard to aircraft. D. The City reserves the right to further develop the Airport as it sees fit regardless of the desires of Hearn and EBS, and without any hindrance or interference from Hearn and EBS. The City expressly reserves the right to grant leases and privileges to other persons with respect to the Airport, even though the purposes for which these leases are given are the same and duplicate those contained in this Agreement. E. During the time of war or national emergency, the City shall have the right to lease all or part of the landing areas at the Airport to the Federal government for military use, and, if a lease is executed, the provisions of this Agreement shall be suspended to the extent they are inconsistent with the provisions ofthe lease to the Federal government. F. The City shall have the right to enter the Facility at all reasonable hours for the purpose of inspection. The City shall not be liable to EBS for any expense, loss, or damage from any such entry upon the Facility. Section 13. Miscellaneous. A. When the singular number is used in this Agreement, it will include the plural when appropriate, and the neuter gender will include the feminine and masculine genders when appropriate. B. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws, this Agreement will remain in effect, and the remaining provisions will continue in force if they can be given effect without the invalid portion. C. This Agreement constitutes the entire agreement between the parties. This Agreement may be amended only by an instrument in writing signed by all 'parties. This Agreement shall apply to and be binding upon the parties, and upon their respective successors in interest and legal representatives, unless otherwise expressly provided in this Agreement. D. The captions used in this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions ofthis Agreement. E. One or more waivers of any covenant, term or condition of this Agreement by any party shall not be deemed as a waiver by that party as to any subsequent similar act or omission. F. Whenever a period oftime is prescribed for action to be taken by EBS, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions or any other causes beyond the reasonable control of EBS shall be excluded from the computation of any such period of time. G. This Agreement shall not be construed as creating the relationship of principal and agent or of partnership or of joint venture between the parties. H. The parties agree that the laws of the State of Texas shall govern this Agreement and that exclusive venue for enforcement of this Agreement shall lie in Hays County, Texas. C:\Corel\WPDOCS\REALPROP\EBS revised sublease.wpd 4