BOWERS MUSEUM - 2005 GROUND LEASE

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the singular shall include the plural and the plural the singular of all nouns and pronouns herein wherever applicable. 15.4 Severability. If any term, covenant, or condition of this Lease (or part thereot) or the application thereof to any person or circumstance is, to any extent, invalid or unenforceable, the remainder of this Lease (and/or the remainder of any such term, covenant or condition), or the applicability of such term, covenant or condition to Persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition (or part thereot) of this Lease shall be valid and be enforced to fullest extent permitted by law. 15.5 Relationship of Parties. Nothing contained in this Lease shall be construed to create, nor shall either party represent the existence of, a partnership, a joint venture, an association, a corporation, a trust or other entity, nor to constitute either party the agent of the other. 15.6 Captions. The table of contents, the index and the title or headings to the Articles and Sections of this Lease are not a part hereof and shall have no effect on the construction or interpretation of any term and provisions contained herein. 15.7 Recordation. This Lease shall not be recorded but concurrent with the execution of this Lease the parties hereto may execute a Memorandum of Lease and cause the same to be recorded in the real property records of Orange County, California. 15.8 Commissions. Lessor has not engaged any broker, finder or other person who would be entitled to any commission or fees in respect of the negotiation, execution or delivery of this Lease. Lessor agrees to negotiate payment of any commissions earned as a component of its negotiations of price and terms with Lessee provided any broker, finder or other person who would be entitled to any commission or fees in respect to the negotiation, execution or delivery of this Lease has been identified in writing by both Lessor and Lessee. Notwithstanding the above, Lessee and Lessor shall each indemnity the other against all legal liability for commissions or other compensation claimed by any broker or agent claiming the same by, through, or under the indemnitying party. 15.9 Anthority. Each party hereto warrants that it has the authority to enter into this Lease and to perform its obligations hereunder and that all necessary corporate or partnership action to authorize this transaction has been taken, and the signatories, by executing this Lease, warrant that they have the authority to bind the respective parties. 15.10 Fnrther Documents. Upon request, the parties will execute such further documents as may be necessary in order to carry out the intent of this Lease. 15.11 Time of Essence. Time is expressly declared to be ofthe essence of this Lease. 15.12 Amendments. Any amendments, additions or modifications to this Lease shall be in writing, signed by Lessor and Lessee. Neither Lessee nor Lessor shall be bound by any verbal or implied agreements. 17