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6 <br /> <br />7. Independent Contractor. The Lifetime is an independent Lifetime retained by the City to <br />perform the work described herein. All personnel employed by Lifetime, including contractors, <br />and personnel of said contractors, are not and shall not be employees of the City. <br /> <br />8. Breach and Termination. If either party is in breach of any term of this Agreement, that <br />non-breaching party shall provide the breaching party with written notice simultaneously by <br />email and by U.S. mail, detailing the nature of the breach. The breaching party shall have ten <br />(10) business days to cure such breach or shall contact the non-breaching party if additional time <br />is needed, and non-breaching may grant additional time, in the non-breaching party's discretion, <br />for the breaching party to cure any breach. <br /> <br />If the breaching party fails to timely cure the breach within the time period granted, the <br />nonbreaching party may terminate this Agreement by providing written notice simultaneously by <br />email and by U.S. mail. <br /> <br />9. Hazardous Materials. Lifetime agrees that neither Lifetime nor any of its contractors or <br />sub-contractors shall cause or permit any hazardous material to be brought upon, kept, used, <br />stored, generated, or disposed of in, on, under, or about Centennial Park. Hazardous material <br />includes any material or substance defined as a hazardous substance, waste, pollutant or <br />contaminant pursuant to 42 U.S.C. Sections 9601 et seq. or Sections 25140 and 25281 of the <br />California Health & Safety Code. <br /> <br />10. Miscellaneous Provisions. <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 />DocuSign Envelope ID: 14173A47-295C-49A9-AFC4-275CE53D4ADFDocuSign Envelope ID: E1FBA5B5-8FFE-4519-9EE4-E7101CDA3865