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6 <br /> <br />A. Lifetime and its contractors shall not unlawfully discriminate against any employee, <br />applicant for employment, or customer, because of race, color, ancestry, religion, sex, gender <br />identity, national origin, marital status, age, physical disability, mental disability, medical <br />condition or sexual orientation. <br /> <br />B. Lifetime shall certify that it complies with The Drug Free Workplace Act of Cal. <br />Government Code §§8350 et. seq., and provide proof thereof when requested by the City. <br /> <br />C. Lifetime shall maintain a City of Pleasanton business license for the duration of this <br />Agreement, and all other required licenses and certifications for the services provided under this <br />Agreement. <br /> <br />D. Lifetime shall not assign or transfer this Agreement. <br /> <br />E. If either City or Lifetime waive a breach of this Agreement, such waiver shall not <br />constitute a waiver of other or succeeding breaches of this Agreement. <br /> <br />F. Lifetime covenants that other than this Agreement and the agreement for tennis and <br />pickleball services, Lifetime has no financial interest with any official, employee or other <br />representative of the City. Lifetime and its principals do not have any financial interest in real <br />property, sources of income or investment that would be affected in any manner by the <br />performance of Lifetime’s services under this Agreement. If such an interest arises, Lifetime will <br />immediately notify the City. <br /> <br />G. California law shall govern any legal action pursuant to this Agreement with venue in <br />the applicable court or forum for Alameda County. <br /> <br />H. This Agreement may be executed in multiple counterparts, each of which shall be an <br />original and all of which together shall constitute one agreement. Counterparts may be delivered <br />via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. <br />federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic <br />Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission <br />method, and any counterpart so delivered shall be deemed to have been duly and validly <br />delivered and be valid and effective for all purposes. <br /> <br />I. This Agreement constitutes the entire understanding of the parties. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and <br />year first above written. <br /> <br />CITY OF PLEASANTON LIFETIME TENNIS, INC. <br /> <br /> <br />_____________________________ By: __________________________ <br />Gerry Beaudin, City Manager Signature <br /> <br /> __________________________