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under this Agreement that LIFETIME TENNIS obtain consents for approvals of CITY are in <br />addition to and not in lieu of any requirements of law that LIFETIME TENNIS obtain <br />approvals or permits. However, CITY shall attempt to coordinate its procedures for giving <br />contractual and governmental approvals so that LIFETIME TENNIS's requests and applications <br />are not unreasonably denied or delayed. <br /> <br />14.05 Modification of Agreement. No modification, amendment or supplement to this <br />Agreement shall be binding unless executed in writing by both of the parties. <br /> <br />14.06 Severabili .ty. If any court of competent jurisdiction holds that any provision of this <br />Agreement is void, voidable, illegal or unenforceable, or that this Agreement would be void, <br />voidable, illegal or unenforceable unless any provision of it were severed, that provision shall <br />be severable from and shall not affect the continued operation of the rest of this Agreement; <br />provided that if the provision to be severed is a material part of this Agreement, the foregoing <br />shall not apply, and the parties shall in good faith renegotiate such provision. <br /> <br />14.07 Time of the Essence. Time is of the essence in the performance of ail obligations <br />under this Agreement for which specific time periods have been specified. <br /> <br />14.08 Cumulative Remedies. The remedies granted under the terms of this Agreement shall <br />not be exclusive but shall be cumulative and in addition to all other remedies allowed under <br />law. <br /> <br />14.09 Assignment. CITY shall have the right to assign its interest in this Agreement without <br />limitation. Upon any such assignment, CITY shall be relieved of any further obligation under <br />this Agreement provided such assignee assumes ail of CITY's obligations under this <br />Agreement. <br /> <br />14.10 Time References. Except as otherwise specifically provided in this Agreement, all <br />references to "days" herein shall mean calendar days and not business days. <br /> <br />14.11 No Third Party Beneficiaries. This Agreement is not intended for the benefit of any <br />specific person, entity or third party beneficiary other than the named parties hereto and no <br />person or entity who is not specifically named as a party herein shall have any right to enforce <br />the provisions of this Agreement. <br /> <br />14.12 Independent Contractor. LIFETIME TENNIS shall at all times be considered an <br />independent contractor under this Agreement. Nothing contained in this Agreement shall be <br />construed to be or create a partnership or joint venture between CITY and its successors and <br />assigns, on the one part, and LIFETIME TENNIS and its successors and assigns, on the other <br />part. LIFETIME TENNIS agrees to be solely responsible for its own matters including <br />payment of its employees, compliance with Social Security, withholding and other such <br />personnel regulations. LIFETIME TENNIS's employees shall not be entitled to any salary, <br />fringe benefits, pension, workers' compensation, sick leave, insurance or any other benefit or <br />right connected with employment with CITY. <br /> <br /> 24 <br /> <br /> <br />