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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.
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<br /> 5.09.2 Fees. CITY hereby reserves the right to establish all tennis-related fees for the
<br />Facilities. 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 />
<br />5.10. Hazardous Materials.
<br />
<br /> 5.10.1 Definition of Hazardous Materials. Hazardous Materials shall mean a)
<br />petroleum; b) asbestos; c) polychlorinated biphenyls; d) radioactive materials; e) any and all
<br />substances, products, by-products, waste or other materials of any nature or kind which is or
<br />becomes listed, regulated or addressed by any federal, state or local laws, statutes, ordinances,
<br />regulations, resolutions, decrees, rules, regulations, directives, orders, guidelines or court
<br />decisions (collectively "Environmental Laws"); f) any materials, substances, products, by-.
<br />products, waste or other materials of any nature or kind whatsoever whose presence in and of
<br />itself or in combination with other materials, substances, products, by-products or waste give
<br />rise to liability under any Environmental Law or any statutory or common law theory based on
<br />negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported
<br />decision of the state or federal court; or g) any substances, products, by-products, waste or
<br />other materials which may be hazardous or harmful to the air, water, soil, environment or affect
<br />industrial hygiene, occupational, health, safety or general welfare conditions.
<br />
<br /> 5.10.2 Use and Storage of Hazardous Materials Prohibited. LIFETIME TENNIS is
<br />prohibited from using or storing any Hazardous Materials at the Park or Facilities, unless
<br />approved by the Director.
<br />
<br /> 5.10.3 LIFETIME TENNIS's Responsibility. LIFETIME TENNIS shall be responsible
<br />for clean up, removal and disposal for any Hazardous Materials release on the Facilities or any
<br />Hazardous Materials release caused or exacerbated by LIFETIME TENNIS's activities,
<br />including but not limited to a release of gasoline, petroleum products, diesel fuel or oil from
<br />vehicles or equipment parked or used in connection with LIFETIME TENNIS's activities.
<br />LIFETIME TENNIS shall immediately notify the Director and all other applicable regulatory
<br />agencies of any Hazardous Materials release. LIFETIME TENNIS shall timely comply with all
<br />requirements of regulatory agencies. If LIFETIME TENNIS does not promptly commence and
<br />diligently pursue any required investigation, remediation or clean-up activities, CITY, in its
<br />discretion and in addition to any other rights or remedies that the CITY may have, may perform
<br />the investigation, remediation or clean-up activities at LIFETIME TENNIS's cost. If the
<br />Facilities or a portion of it is closed in order to investigate, remediate or clean-up a Hazardous
<br />Materials release, then the Director may require the cessation of some or all activities at the
<br />Facilities.
<br />
<br />5.11 Taxes. LIFETIME TENNIS shall be responsible for any taxes and assessments arising
<br />out of LIFETIME TENNIS's operations at the Facilities, including, without limitation,
<br />possessory interest taxes, if any, sales tax and personal property taxes.
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