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3.07.4 Quarterly Review of Annual Plan. The Director and the Executive Director of <br /> LIFETIME TENNIS shall meet quarterly and discuss the operating results of LIFETIME <br /> TENNIS. The parties shall agree upon any amendments or revisions to the Annual Plan to take <br /> into consideration variables or events that did not exist,or could not be anticipated by <br /> LIFETIME TENNIS or CITY,at the time the Annual Plan was prepared. Any revisions to the <br /> Annual Plan shall require approval of the Director,who in their sole and absolute discretion, <br /> may require further approval by the Parks&Recreation Commission and/or City Council. <br /> 3.08 No Assignment. LIFETIME TENNIS acknowledges that CITY is entering into this <br /> Agreement in reliance on the unique skill and experience of LIFETIME TENNIS and its <br /> employees. LIFETIME TENNIS shall not subcontract or assign all or any part of its right or <br /> obligations under this Agreement,unless approved in writing in advance by Director. Any <br /> change in the control of LIFETIME TENNIS, including,without limitation,any transfer or <br /> acquisition of a controlling percentage of LIFETIME TENNIS's equity or stock shall constitute <br /> an assignment for purposes of this Agreement. <br /> 4.0 LIFETIME TENNIS'S SERVICE OBLIGATIONS. <br /> 4.01 Tennis Professional Services. Lifetime staff shall register tennis classes, leagues, <br /> tournaments and instructional services and handle all fmancial transactions for such <br /> registration,as well as all financial transactions for merchandise,through Lifetime's own <br /> register. <br /> 4.02 Pro Shon and Merchandise. The Pro Shop shall be open when the Facilities are open. <br /> There shall be a representative of LIFETIME TENNIS to answer questions and address <br /> customer concerns in the Pro Shop during all hours of operation. LIFETIME TENNIS shall <br /> procure and maintain in the Pro Shop such inventory of tennis merchandise as deemed <br /> appropriate to adequately meet public demand. <br /> 4.03 Tennis Instruction. LIFETIME TENNIS shall provide instructors,who shall be <br /> USPTA professionals or apprentices,unless otherwise approved by Director. LIFETIME <br /> TENNIS shall cause all tennis instructors to comply with the rules and regulations set forth in <br /> this Agreement. All instructors shall be employees of LIFETIME TENNIS,unless LIFETIME <br /> TENNIS proposes an alternative plan that is approved in advance by the Director. If <br /> subcontractors are allowed,then each subcontractor shall be required to obtain a City of <br /> Pleasanton business license and to comply with all terms of this Agreement. LIFETIME <br /> TENNIS shall be deemed responsible for such approved subcontractors. LIFETIME TENNIS <br /> may teach private and group lessons utilizing six(6)courts for a maximum of eight(8)hours <br /> per day,unless otherwise approved by the Director in advance. <br /> 4.04 Drop-In/Open Play. Of the ten(10)courts at Facilities,LIFETIME TENNIS shall <br /> maintain one (1)nonreservation courts at all regular hours of operation for residents of <br /> Pleasanton, and four(4)courts shall be shall be available for reservations during weekday <br /> evenings and weekend mornings. <br /> 6 <br />