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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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111720
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11/12/2020 2:56:55 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/17/2020
DESTRUCT DATE
15Y
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or expenses, including but not limited to reasonable attorneys' fees and costs, for economic <br /> damage to third parties,property damage or bodily injury, including but not limited to death: <br /> a)which result from any act or omission by LIFETIME TENNIS or any officer, <br /> director, employee or subcontractor of LIFETIME TENNIS in connection with LIFETIME <br /> TENNIS's performance under this Agreement or operation of the Facilities; <br /> b)which result from any action taken by LIFETIME TENNIS relating to the Facilities <br /> (i)that is prohibited by this Agreement, or(ii)that is not within the scope of LIFETIME <br /> TENNIS's duties under this Agreement, or(iii)that is not within LIFETIME TENNIS's <br /> delegated authority under this Agreement; <br /> c) which result from LIFETIME TENNIS's violation of any laws, statutes,ordinances, <br /> orders,rules, regulations or requirements of any governmental authority; or <br /> d) which CITY, by reason of any alleged breach of a"non-delegable duty," is subject <br /> to,because of the LIFETIME TENNIS's violation of any national, state or local law, regulation <br /> or order which pertains to providing safe working conditions for LIFETIME TENNIS's <br /> employees or independent contractors, or because of LIFETIME TENNIS's failure to provide <br /> safe working conditions for LIFETIME TENNIS's employees. <br /> 9.05 Indemnification for Fines. LIFETIME TENNIS shall fully defend, indemnify and <br /> hold CITY and its elective and appointive boards, commissions,officers, agents, and <br /> employees,harmless from and against any fines imposed by administrative or regulatory bodies <br /> for actions caused by LIFETIME TENNIS or its officers,employees or agents. <br /> 10.0 DEFAULT <br /> 10.01 LIFETIME TENNIS'S Default. The breach of any provision of this Agreement,the <br /> failure to keep, observe or perform any material covenant including, without limitation,the <br /> occurrence of any one or more of the following events shall constitute a default and breach of <br /> this Agreement by LIFETIME TENNIS: <br /> a) LIFETIME TENNIS's abandonment or vacation of the Facilities; <br /> b) The levy of a writ of attachment or execution on this Agreement or on any of the <br /> property of LIFETIME TENNIS located in or on the Facilities and such levy or execution is not <br /> stayed prior to the enforcement of such writ of attachment or execution; or <br /> c) An event of bankruptcy or insolvency including but not limited to: (i) <br /> LIFETIME TENNIS applies for or consents to the appointment of a receiver,trustee or <br /> liquidator of LIFETIME TENNIS or of all or a substantial part of its assets; (ii)LIFETIME <br /> TENNIS files a voluntary petition in bankruptcy or commences a proceeding seeking <br /> reorganization, liquidation,or an arrangement with creditors; (iii)LIFETIME TENNIS files an <br /> answer admitting the material allegations of a bankruptcy petition,reorganization proceeding, <br /> or insolvency proceeding filed against LIFETIME TENNIS; (iv)LIFETIME TENNIS admits <br /> 19 <br />
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