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DocuStgn Envelope ID 542FDD63-5608-4A65-8D79-FOEFA81A2240 - HL l; ci ATTACHMENT 6 • z, LASTo0 May 13,2020 Dana Gill,Founder&CEO Lifetime Tennis Inc. I Lifetime Activities Inc. 1901 South Bascom Ave,#1225 Campbell,CA 95008 Sent via Electronic Mail Dear Mr. Gill, I have received your requests for financial accommodations to assist with the effects of COVID-19 and the closure of the Tennis and Community Park on Lifetime Activities. On March 16,2020,the Alameda County Health Department issued a shelter in place(SIP)order. Lifetime Activities has not been able to operate their business since March 16th. The most current SIP order grants access for singles play by people from the same household,which would allow for the opening of the Tennis and Community Park in a limited fashion. I appreciate your willingness to step up and open and operate the center for the community. The agreement between Lifetime Activities and the City of Pleasanton has a clause for Force Majeure Events which is currently in effect due to the worldwide pandemic: 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 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 P.O.Box 520, Pleasanton,CA 94566-0802 123 Main Street City Manager City Attorney Economic Development City Clerk (925)931-5002 (925)931-5015 (925)931-5038 (925)931-5027 Fax: 931-5482 Fax: 931-5482 Fax: 931-5485 Fax: 931-5492