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08
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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031621
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3/12/2021 2:43:13 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/16/2021
DESTRUCT DATE
15Y
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14.04 Approvals. Neither CITY's execution of this Agreement nor any consent or approval <br /> given by CITY hereunder in its capacity as a party to this Agreement shall waive, abridge, <br /> impair or otherwise affect CITY's power and duties as a governmental body. Any requirements <br /> under this Agreement that LIFETIME TENNIS obtain consents for approvals of CITY are in <br /> addition to and not in lieu of any requirements of law that LIFETIME TENNIS obtain <br /> approvals or permits. However, CITY shall attempt to coordinate its procedures for giving <br /> contractual and governmental approvals so that LIFETIME TENNIS's requests and applications <br /> are not unreasonably denied or delayed. <br /> 14.05 Modification of Agreement. No modification, amendment or supplement to this <br /> Agreement shall be binding unless executed in writing by both of the parties. <br /> 14.06 Severability. If any court of competent jurisdiction holds that any provision of this <br /> Agreement is void, voidable, illegal or unenforceable, or that this Agreement would be void, <br /> voidable, illegal or unenforceable unless any provision of it were severed,that provision shall <br /> be severable from and shall not affect the continued operation of the rest of this Agreement; <br /> provided that if the provision to be severed is a material part of this Agreement,the foregoing <br /> shall not apply, and the parties shall in good faith renegotiate such provision. <br /> 14.07 Time of the Essence. Time is of the essence in the performance of all obligations <br /> under this Agreement for which specific time periods have been specified. <br /> 14.08 Cumulative Remedies. The remedies granted under the terms of this Agreement shall <br /> not be exclusive but shall be cumulative and in addition to all other remedies allowed under <br /> law. <br /> 14.09 Assignment. CITY shall have the right to assign its interest in this Agreement without <br /> limitation. Upon any such assignment, CITY shall be relieved of any further obligation under <br /> this Agreement provided such assignee assumes all of CITY's obligations under this <br /> Agreement. <br /> 14.10 Time References. Except as otherwise specifically provided in this Agreement, all <br /> references to "days" herein shall mean calendar days and not business days. <br /> 14.11 No Third Party Beneficiaries. This Agreement is not intended for the benefit of any <br /> specific person, entity or third party beneficiary other than the named parties hereto and no <br /> person or entity who is not specifically named as a party herein shall have any right to enforce <br /> the provisions of this Agreement. <br /> 14.12 Independent Contractor. LIFETIME TENNIS shall at all times be considered an <br /> independent contractor under this Agreement. Nothing contained in this Agreement shall be <br /> construed to be or create a partnership or joint venture between CITY and its successors and <br /> assigns, on the one part, and LIFETIME TENNIS and its successors and assigns, on the other <br /> part. LIFETIME TENNIS agrees to be solely responsible for its own matters including <br /> payment of its employees, compliance with Social Security, withholding and other such <br /> personnel regulations. LIFETIME TENNIS's employees shall not be entitled to any salary, <br /> 24 <br />
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