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shall not require the settlement by the party unable to perform because of strikes, lockouts or <br /> other labor disputes or the meeting of any claims of or demands by any supplier or government <br /> entity which reasonably may be harmful to the best interests of the CITY or LIFETIME <br /> TENNIS. If, as a result of the occurrence of a Force Majeure, the responsibilities of <br /> LIFETIME TENNIS under this Agreement are substantially changed, then the parties shall <br /> meet and discuss in good faith appropriate modifications to this Agreement including the <br /> Management Fee. <br /> 14.0 MISCELLANEOUS PROVISIONS <br /> 14.01 Notices. Any notice, demand, request, consent, approval or communication that either <br /> party desires or is required to give to the other party shall be in writing and shall be deemed <br /> given as of the time of hand delivery to the addresses set forth below, or three (3) days after <br /> deposit into the United States mail, postage prepaid, by first class mail. Unless notice of a <br /> different address has been given in accordance with this Section, all such notices shall be <br /> addressed as follows: <br /> If to CITY: Director of Community Services <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> facsimile (925) 931 -5477 <br /> With a copy to: City Attorney <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> facsimile (925) 931 -5482 <br /> If to OPERATOR: Dana Gill, Executive Director <br /> Lifetime Tennis, Inc. <br /> 1901 South Bascom Avenue, Suite 1225 <br /> Campbell, CA 95008 <br /> Facsimile (925) 484 -9579 <br /> 14.02 Waiver. No delay or failure on the part of any party in exercising any right hereunder <br /> shall impair any such right or any remedy of the party so delaying or failing. No waiver of any <br /> provision of this Agreement shall be binding unless executed in writing by the party making the <br /> waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a <br /> waiver of any other provision, whether or not similar, nor shall any waiver constitute a <br /> continuing waiver. <br /> 14.03 Integration. This Agreement is the entire agreement between the parties, and <br /> supersedes all prior and contemporaneous agreements, representations and understanding of the <br /> parties concerning the subject matter hereof. <br /> 23 <br />