08 - Laserfiche WebLink

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