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5.07 Safety and Security. LIFETIME TENNIS shall exercise caution at all times for the protection of persons and property. LIFETIME TENNIS shall post appropriate caution signs to alert personnel or the public of unsafe conditions. LIFETIME TENNIS shall comply with all applicable laws relating to safety precautions, including, without limits,the safety regulations of the California Division of Industrial Safety, OSHA. LIFETIME TENNIS shall immediately protect any unsafe condition of the Facilities and correct any unsafe practices, and then notify CITY. Promptly but no more than 24 hours after the occurrence of injury or damage to persons or property occurring at the Facilities, LIFETIME TENNIS shall submit to the Director a City incident/accident report. LIFETIME TENNIS shall cooperate fully with CITY in any further investigation of any injury or damage to persons or property occurring on or about the Facilities. 5. 08 Use of Facilities: Restrictions. Unless LIFETIME TENNIS has obtained the prior written approval of the Director, which approval may be withheld or conditioned in the sole and absolute discretion of the Director, LIFETIME TENNIS shall not conduct, authorize or permit: (a)any events or activities at the Facilities not otherwise specifically provided for and authorized in this Agreement; or(b) any events or activities requiring the exclusive use of the Facilities or any portion thereof 5.09 Prices and Fees. 5.09.1 Goods and Services. LIFETIME TENNIS shall at all times maintain a complete list or schedule of the prices charged for all items supplied to the public on or from the Facilities. Such list or schedule of prices shall be provided to the Director with the Annual Plan. The prices shall be fair and reasonable based on the following considerations: that the operation of the Facilities is intended to serve the needs of the public for the goods and services, supplied at a fair and reasonable cost; that the prices charged should be comparable to prices charged for similar goods and services in the general area; and that the margin of profit should be reasonable considering the cost of providing the goods and services in compliance with the obligations of this Agreement. If the Director notifies LIFETIME TENNIS that the prices being charged are not fair and reasonable, LIFETIME TENNIS shall have the right to confer with the Director and justify such prices. Following reasonable conference and consultation thereon, LIFETIME TENNIS shall make such price adjustments as may be ordered by the Director;provided, however,that in no event shall LIFETIME TENNIS be required to price any item below its wholesale cost. 5.09.2 Fees. CITY hereby reserves the right to establish all tennis-related fees for the Premises. No changes in fees may be made by LIFETIME TENNIS without the advance written consent of CITY in CITY's sole and absolute discretion. If LIFETIME TENNIS desires changes to the fees beyond any automatic increases that may be in place, LIFETIME TENNIS shall submit with the Annual Plan a written request and analysis of fees charged by comparable public agencies in Northern California, as well as the change in the Bay Area Consumer Price Index-Wage Earners for the applicable period. Upon Director's concurrence with the fee increase, the proposal shall be submitted to the Parks & Recreation Commission. LIFETIME TENNIS shall post notices of 13