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