08 - Laserfiche WebLink

f) LIFETIME TENNIS shall deliver to CITY current copies of all contracts, permits and licenses affecting Facilities. g) LIFETIME TENNIS shall transfer possession of the Facilities, Furnishings and Equipment, Supplies, software, databases, books, records and materials purchased, prepared or maintained by CITY under this Agreement to the new operator or CITY, as CITY shall direct. LIFETIME TENNIS shall reimburse CITY for the cost of repair or replacement of any item that is not in useable and good condition, normal wear and tear excepted. h) LIFETIME TENNIS shall transfer all keys, convey all alarm codes, and vacate the Facilities by the date and time set forth by CITY. 13.0 DAMAGE OR DESTRUCTION 13.01 Damage or Destruction. Should the Facilities be destroyed or substantially damaged by fire, flood, acts of God, or other casualty, CITY,by written notice to LIFETIME TENNIS, shall have the right to cancel this Agreement pursuant to Article 11 on the basis that CITY does not choose to rebuild or restore the Facilities, and in such event neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based upon events occurring,prior to the effective date of such cancellation. If, as a result of any damage or destruction to the Facilities as provided in this Section, the responsibilities of LIFETIME TENNIS under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. Any insurance proceeds made available after such damage or destruction shall be payable to CITY. 13.02 Eminent Domain. If all or a portion of the Facilities shall be taken through the exercise of the power of eminent domain, or by agreement in lieu of the exercise of eminent domain, then upon the date that CITY shall be required to surrender possession of the Facilities, this Agreement shall terminate and neither party shall have any further obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. 13.03 Force Majeure Events. As used in this Agreement, the term "Force Majeure" means declared or undeclared war, sabotage, riot or acts of civil disobedience, acts or omissions of governmental agencies, accidents, fires,explosions, floods, earthquakes,or other acts of God, shortages of materials, or any other event not within the control of LIFETIME TENNIS and not caused by the negligence or intentional wrongful conduct of LIFETIME TENNIS. If LIFETIME TENNIS or CITY is unable by reason of Force Majeure to carry out any obligation under this Agreement, such obligation shall be suspended only so far as it is physically affected by such Force Majeure. The party unable to perform shall give the other party prompt notice of such Force Majeure with a detailed explanation and the probable extent to which it will be unable to perform or be delayed in performing such obligation. The party unable to perform shall use all possible diligence to remove such Force Majeure as quickly as possible. The requirement that any Force Majeure shall be removed with all possible diligence 22