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s/15/18
<br />by a period of time equal to the number of days during which performance of such act is delayed by
<br />casualty, damage, strikes or lockouts, acts of God, governmental restrictions, failure or inability to
<br />secure materials or labor, reason of priority or similar regulations or order of any governmental or
<br />regulatory body, enemy action, civil disturbance, fire, unavoidable casualties or any other cause beyond
<br />the reasonable control of the party seeking the extension. The provisions of this section shall not operate
<br />to excuse either Party from prompt payment of any payments required by the terms of this LEASE.
<br />12.10. ,Severability. In the event one or more of the terms or provisions contained in this LEASE shall, to
<br />any extent or for any reason, be held by a court of competent jurisdiction to be invalid, illegal, or
<br />unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
<br />provision of the Agreement, and this Agreement shall be construed as if the invalid, illegal, or
<br />unenforceable provision had never been included in the Agreement.
<br />12.11. ,Governing; Law. This LEASE shall be governed by, and construed and enforced in accordance
<br />with the laws of the United States applicable thereto and the laws of the state of Texas applicable to a
<br />LEASE executed, delivered, and performed in such state, without regard to any otherwise applicable
<br />principles of conflicts of law.
<br />12.12. Venue for Actions. The venue for any legal action arising out of this LEASE shall lie exclusively
<br />in Lamar County, Texas.
<br />12.13 Attornew s'Fees. Should either Party to this LEASE engage the services of attorneys or institute
<br />legal proceedings to enforce its rights or remedies under this LEASE, the prevailing Party to such
<br />dispute or proceedings shall be entitled to recover its reasonable attorneys' fees, court costs, and similar
<br />costs incurred in connection with the resolution of such dispute or the institution, prosecution, or defense
<br />in such proceedings from the other Party.
<br />12.14. R, ationslur of„Parties. Nothing contained herein shall be deemed or construed by the Parties
<br />hereto or by any third party as creating the relationship of principal and agent, partnership, joint
<br />venture, or any association between the Parties hereto, it being understood and agreed that none of the
<br />provisions contained herein or any acts of the Parties in the performance of their respective obligations
<br />hereunder shall be deemed to create any relationship between the Parties hereto other than the
<br />relationship of Lessor and Lessee. It is understood and agreed that this LEASE does not create a joint
<br />enterprise, nor does it appoint either Party as an agent of the other for any purpose whatsoever. Neither
<br />Party shall in any way assume any of the liability of the other for acts of the other or obligations of the
<br />other. Each Party shall be responsible for any and all suits, demands, costs, or actions proximately
<br />resulting from its own individual acts or omissions.
<br />12.15. Le,ssor's._.,,,,,Lien . Waiver. CITY hereby waives all landlord's liens that CITY might hold,
<br />statutory or otherwise, to any of PROJECT's (or any Sub -lessee's) inventory, trade fixtures, equipment
<br />or other personal property now or hereafter placed on the Leased Premises.
<br />12.16. Non„ -Waiver. No Party shall have or be deemed to have waived any default under this LEASE by
<br />the other Party 'unless such waiver is embodied in a document signed by the waiving Party that
<br />describes the default that is being waived. Further, no Party shall be deemed to have waived its rights to
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