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in writing its inability to pay its debts as they come due; (v) LIFETIME TENNIS makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating LIFETIME TENNIS as bankrupt or insolvent or approving a petition seeking reorganization of LIFETIME TENNIS or appointing a receiver, trustee or liquidator of LIFETIME TENNIS or of all or a substantial part of its assets, and such order, judgment or decree continues unstayed and in effect for any period of thirty (30) consecutive days. 10.02 Curing Default. Except as otherwise expressly stated in this Agreement, LIFETIME TENNIS shall have ten (10) days after receipt of written notice from CITY to cure any default under this Agreement. Notwithstanding the foregoing, LIFETIME TENNIS shall be in default under this Agreement, with or without written notice from CITY, in the event LIFETIME TENNIS abandons or vacates the Facilities for any period exceeding twenty -four (24) hours. 10.03 Remedies. 10.03.1. CITY's ability to do the work at LIFETIME TENNIS'S expense. In the event of LIFETIME TENNIS's default as described in Section 10.01 and LIFETIME TENNIS fails to cure the default by the date specified, CITY may elect to undertake the work that LIFETIME TENNIS has failed to do at the sole expense of LIFETIME TENNIS. If LIFETIME TENNIS fails to pay the costs incurred by CITY within thirty (30) days of the date the demand is made, CITY may bring legal action to collect the sums due and /or may deduct such costs from any compensation otherwise payable to LIFETIME TENNIS. If legal action is necessary or appropriate to collect the amounts expended by CITY, LIFETIME TENNIS shall pay CITY all attorneys' fees and costs, court costs, and staff costs together with interest from the date which is thirty (30) days after CITY has made demand for payment. If CITY, in its sole discretion, elects to use in -house attorneys from the Office of the City Attorney, attorneys' fees recovered by CITY pursuant to this section shall be at the hourly rate paid by the Association of Bay Area Governments for litigation counsel. Any actions taken by CITY pursuant to this Section 10.03.shall not cure any default by LIFETIME TENNIS. 10.03.2 Termination of the Agreement. In the event LIFETIME TENNIS fails to cure any default of this Agreement within the applicable cure period. CITY may terminate this Agreement after ten (10) days of written notice to LIFETIME TENNIS. If CITY terminates this Agreement, CITY shall have the following rights: a) to collect from LIFETIME TENNIS any and all monies owing CITY under this Agreement; b) to take sole possession of all equipment and materials; and c) to pursue any and all other appropriate civil and criminal remedies. 10.03.3. Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. 20