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limits of the insurance policies set forth above as CITY may deem advisable, in CITY's sole <br />and absolute discretion. <br /> <br /> 9.01.6 Deductibles. LIFETIME TENNIS shall disclose all deductibles to CITY and <br />obtain written consent for deductibles exceeding $10,000. <br /> <br />9.02 Waiver of Subrogation. LIFETIME TENNIS shall not assert against the CITY and <br />waives any claims and rights of recovery for any losses, damages, liability or expenses <br />(including attorneys' fees) incurred or sustained on account of injury to persons or damage to <br />property arising from the operations at the Facilities to the extent that the same are covered by <br />the insurance required under this Article 9. LIFETIME TENNIS hereby grants on behalf of <br />any insurance company providing insurance covering the Facilities a waiver of any right of <br />subrogation which any insurer or party may acquire by virtue of payment of any loss under any <br />insurance policy. LIFETIME TENNIS shall give notice to the insurance companies providing <br />insurance under this Agreement of the waiver of subrogation contained in this Section 9.02. <br /> <br />9.03 Umbrella Policy. Notwithstanding any provision of this Article 9.0 to the contrary, <br />LIFETIME TENNIS's obligation to provide for insurance may be brought within the coverage <br />of so-called "umbrella" or "blanket" policy or policies of insurance carded and maintained by <br />LIFETIME TENNIS, provided that: (i) CITY, LIFETIME TENNIS and such other persons as <br />CITY may specify from time to time are named as additional insureds, to the extent their <br />interests appear; (ii) the coverage afforded CITY and the other persons will not be reduced or <br />diminished by reason of the use of such umbrella or blanket policy; and (iii) the other insurance <br />requirements as set forth in Article 9.0 are satisfied. <br /> <br />9.04 Indemnification and Hold Harmless. LIFETIME TENNIS shall fully defend, <br />indemnify and hold harmless CITY and its elective and appointive boards, commissions, <br />officers, agents, and employees, from and against any and all damages, liabilities, claims, costs <br />or expenses, including but not limited to reasonable attorneys' fees and costs, for economic <br />damage to third parties, property damage or bodily injury, including but not limited to death: <br /> <br /> a) which result from any act or omission by LIFETIME TENNIS or any <br />officer, director, employee or subcontractor of LIFETIME TENNIS in connection with <br />LIFETIME TENNIS's performance under this Agreement or operation of the Facilities; <br /> <br /> b) which result from any action taken by LIFETIME TENNIS relating to <br />the Facilities (i) that is prohibited by this Agreement, or (ii) that is not within the scope of <br />LIFETIME TENNIS's duties under this Agreement, or (iii) that is not within LIFETIME <br />TENNIS's delegated authority under this Agreement; <br /> <br /> c) which result from LIFETIME TENNIS's violation of any laws, statutes, <br />ordinances, orders, rules, regulations or requirements of any governmental authority; or <br /> <br /> d) which CITY, by reason of any alleged breach of a "non-delegable duty," <br />is subject to, because of the LIFETIME TENNIS's violation of any national, state or local law, <br />regulation or order which pertains to providing safe working conditions for LIFETIME <br /> <br /> 18 <br /> <br /> <br />