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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />the development, operation, or maintenance of the Airport, the execution of which has <br />been or may be required as a condition precedent to the expenditure of Federal funds <br />for the development, operation, or maintenance of the Airport. <br />(c) If any part of the Lease Agreement is found invalid or unenforceable by <br />any court or any branch of the federal government having jurisdiction over the operation <br />of the Airport, including, but not limited to, the Federal Aviation Administration, such <br />invalidity or unenforceability shall not affect the other parts of the Lease Agreement if <br />the rights and obligations of the parties contained therein are not materially prejudiced <br />and if the intentions of the parties can continue to be effectuated. To that end, the <br />separate provisions of the Lease Agreement are declared severable. <br />(d) If any branch of the federal government having jurisdiction over the <br />operation of the Airport, including, but not limited to, the Federal Aviation Administration, <br />deems any lease provision to be in non-compliance, the parties agree to delete, insert, <br />or modify to the extent necessary any such provision to bring the Lease Agreement into <br />compliance. <br />25. LITIGATION: -LANDLORD and TENANT expressly agree that in the event suit or <br />any other legal action arising out of or in any way connected with the Lease Agreement <br />or use of the Leased Premises is initiated: <br />(a) Venue shall be in Indian River County, Florida. <br />(b) Trial by jury is hereby waived, on any matter whatsoever, including, <br />without limitation, any claim for injury or damage. <br />(c) The prevailing party shall be awarded their costs and all reasonable <br />attorney's fees incurred through trial and appeal. <br />Page 33 of 38 <br />N:\Client Docs\Airport\Attachment 8\2016.February.16.ATTACHMENT B.docx <br />