Laserfiche WebLink
maintained by CITY under this Agreement to the new operator or CITY, as CITY shall direct. <br />LIFETIME TENNIS shall reimburse CITY for the cost of repair or replacement of any item <br />that is not in useable and good condition, normal wear and tear excepted. <br /> <br /> h) LIFETIME TENNIS shall transfer all keys, convey all alarm codes, and vacate <br />the Facilities by the date and time set forth by CITY. <br /> <br />13.0 DAMAGE OR DESTRUCTION. <br /> <br />13.01 Damage or Destruction. Should the Facilities be destroyed or substantially damaged <br />by fire, flood, acts of God, or other casualty, CITY, by written notice to LIFETIME TENNIS, <br />shall have the right to cancel this Agreement pursuant to Article 11 on the basis that CITY does <br />not choose to rebuild or restore the Facilities, and in such event neither party shall have any <br />further obligation to the other party under this Agreement, except with respect to liabilities <br />accruing, or based upon events occurring, prior to the effective date of such cancellation. If, as <br />a result of any damage or destruction to the Facilities as provided in this Section, the <br />responsibilities of LIFETIME TENNIS under this Agreement are substantially changed, then <br />the parties shall meet and discuss in good faith appropriate modifications to this Agreement <br />including the Management Fees. Any insurance proceeds made available after such damage or <br />destruction shall be payable to CITY. <br /> <br />13.02 Eminent Domain. If all or aportion of the Facilities shall be taken through the <br />exercise of the power of eminent domain, or by agreement in lieu of the exercise of eminent <br />domain, then upon the date that CITY shall be required to surrender possession of the <br />Facilities, this Agreement shall terminate and neither party shall have any further obligation to <br />the other party under this Agreement except with respect to liabilities accruing, or based upon <br />events occurring, prior to the effective date of such termination. <br /> <br />13.03 Force Majeure Events. As used in this Agreement, the term "Force Majeure" means <br />declared or undeclared war, sabotage, riot or acts of civil disobedience, acts or omissions of <br />governmental agencies, accidents, fires, explosions, floods, earthquakes, or other acts of God, <br />shortages of materials, or any other event not within the control of LIFETIME TENNIS and not <br />caused by the negligence or intentional wrongful conduct of LIFETIME TENNIS. <br /> <br />If LIFETIME TENNIS or CITY is unable by reason of Force Majeure to carry out any <br />obligation under this Agreement, such obligation shall be suspended only so far as it is <br />physically affected by such Force Majeure. The party unable to perform shall give the other <br />party prompt notice of such Force Majeure with a detailed explanation and the probable extent <br />to which it will be unable to perform or be delayed in performing such obligation. The party <br />unable to perform shall use all possible diligence to remove such Force Majeure as quickly as <br />possible. The requirement that any Force Majeure shall be removed with all possible diligence <br />shall not require the settlement by the party unable to perform because of strikes, lockouts or <br />other labor disputes or the meeting of any claims of or demands by any supplier or government <br />entity which reasonably may be harmful to the best interests of the CITY or LIFETIME <br />TENNIS. If, as a result of the occurrence of a Force Majeure, the responsibilities of <br /> <br /> 22 <br /> <br /> <br />