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f) LIFETIME TENNIS shall deliver to CITY current copies of all contracts, <br /> permits and licenses affecting Facilities. <br /> g) LIFETIME TENNIS shall transfer possession of the Facilities,Furnishings and <br /> Equipment, Supplies, software,databases,books,records and materials purchased,prepared or <br /> 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 /> 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 /> 13.0 DAMAGE OR DESTRUCTION <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 /> 13.02 Eminent Domain. If all or a portion 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 /> 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 /> 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 /> 22 <br />