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5.07 Safety and Security. LIFETIME TENNIS shall exercise caution at all times for the <br /> protection of persons and property. LIFETIME TENNIS shall post appropriate caution signs to <br /> alert personnel or the public of unsafe conditions. LIFETIME TENNIS shall comply with all <br /> applicable laws relating to safety precautions, including, without limits,the safety regulations <br /> of the California Division of Industrial Safety, OSHA. LIFETIME TENNIS shall immediately <br /> protect any unsafe condition of the Facilities and correct any unsafe practices, and then notify <br /> CITY. Promptly but no more than 24 hours after the occurrence of injury or damage to persons <br /> or property occurring at the Facilities, LIFETIME TENNIS shall submit to the Director a City <br /> incident/accident report. LIFETIME TENNIS shall cooperate fully with CITY in any further <br /> investigation of any injury or damage to persons or property occurring on or about the <br /> Facilities. <br /> 5. 08 Use of Facilities: Restrictions. Unless LIFETIME TENNIS has obtained the prior <br /> written approval of the Director, which approval may be withheld or conditioned in the sole <br /> and absolute discretion of the Director, LIFETIME TENNIS shall not conduct,authorize or <br /> permit: (a)any events or activities at the Facilities not otherwise specifically provided for and <br /> authorized in this Agreement; or(b) any events or activities requiring the exclusive use of the <br /> Facilities or any portion thereof. <br /> 5.09 Prices and Fees. <br /> 5.09.1 Goods and Services. LIFETIME TENNIS shall at all times maintain a complete <br /> list or schedule of the prices charged for all items supplied to the public on or from the <br /> Facilities. Such list or schedule of prices shall be provided to the Director with the Annual <br /> Plan. The prices shall be fair and reasonable based on the following considerations: that the <br /> operation of the Facilities is intended to serve the needs of the public for the goods and <br /> services, supplied at a fair and reasonable cost; that the prices charged should be comparable to <br /> prices charged for similar goods and services in the general area; and that the margin of profit <br /> should be reasonable considering the cost of providing the goods and services in compliance <br /> with the obligations of this Agreement. If the Director notifies LIFETIME TENNIS that the <br /> prices being charged are not fair and reasonable,LIFETIME TENNIS shall have the right to <br /> confer with the Director and justify such prices. Following reasonable conference and <br /> consultation thereon, LIFETIME TENNIS shall make such price adjustments as may be <br /> ordered by the Director;provided,however, that in no event shall LIFETIME TENNIS be <br /> required to price any item below its wholesale cost. <br /> 5.09.2 Fees. CITY hereby reserves the right to establish all tennis-related fees for the <br /> Premises. No changes in fees may be made by LIFETIME TENNIS without the advance <br /> written consent of CITY in CITY's sole and absolute discretion. <br /> If LIFETIME TENNIS desires changes to the fees beyond any automatic <br /> increases that may be in place, LIFETIME TENNIS shall submit with the Annual Plan a <br /> written request and analysis of fees charged by comparable public agencies in Northern <br /> California, as well as the change in the Bay Area Consumer Price Index-Wage Earners for the <br /> applicable period. Upon Director's concurrence with the fee increase,the proposal shall be <br /> submitted to the Parks & Recreation Commission. LIFETIME TENNIS shall post notices of <br /> 13 <br />