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TENNIS's employees,and subcontractors if approved, are properly licensed and trained for their respective positions and responsibilities. 3.04 Premises. 3.04.1 CITY's Right of Possession. This Agreement does not constitute a lease and the right of possession of the Park and Facilities shall at all times remain with CITY. CITY and its authorized representatives shall have the right to enter the Facilities at any time without notice and for any purpose, including,without limitation,during the term of the Agreement. CITY reserves the right to establish,grant or utilize easements or rights-of-way over,under,along and across the Facilities. 3.04.2 Condition of Premises. LIFETIME TENNIS acknowledges that, except as expressly set forth in this Agreement, CITY has made no representations or warranties concerning the condition of the Facilities. 3.04.3 Reservation of Facilities. Lifetime shall have the ability to use the clubroom for activities, without the requirement to schedule through the City. However,Lifetime shall provide to the City a monthly schedule of clubroom usage. The City's use of the clubroom for City activities or other public functions shall be coordinated through Lifetime,with the parties acknowledging that the City has the right to preempt/bump a scheduled use of the clubroom by Lifetime with at least two business days notice, and the City will use its best efforts to provide at least five business days notice. Lifetime is responsible for daily maintenance of the clubroom unless the City is the scheduled user. 3.04.4 Public Use. LIFETIME TENNIS acknowledges that the Facilities are located in Park. LIFETIME TENNIS shall treat all who enter Facilities with consideration and courtesy. 3.04.5 Notification to CITY of Defect or Illegal Activity. LIFETIME TENNIS shall immediately notify CITY upon discovering a possible workmanship or material defect in any structure or improvement on the Facilities or upon discovery of any unauthorized or illegal dumping,disposal,use or activity at the Facilities or Park. 3.05 Improvements. Except in the event of an emergency threatening imminent injury to persons or damage to property,LIFETIME TENNIS shall make no improvements,additions, alterations or changes to the Pleasanton Tennis and Community Park("Improvements") in excess of which would meet the definition of Capital Expenditure in Section 1.07,unless LIFETIME TENNIS: (i)obtains the prior written approval of the Director,which approval may be granted or withheld in the sole and absolute discretion of the Director;(ii)complies with such terms and conditions as may be imposed by the Director;(iii) secures all applicable licenses,permits and other governmental approvals for the Improvements; and(iv)causes the Improvements to be designed and constructed so as to be consistent with the architecture and design of the currently-existing,unless otherwise specifically approved by the Director in 4