MATCH POINT TENNIS ACADEMY, LLC.

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all equipment and materials necessary, including trash receptacles of the size, type, color and number required by the Executive Director, to maintain the demised premises in a sanitary condition. 4.12 Equal Opportunity. Concessionaire shall strive to balance the number of boys and girls participating in each of its programs. Equal opportunity shall be given to both boys and girls to participate in try -outs, clinics, tournaments, academies and any other programs that Concessionaire provides. 4.13 Trade Fixtures. Concessionaire shall provide and install all appliances, furniture, fixtures and equipment that are required for the tennis concession. Prior to taking possession of the tennis concession, Concessionaire and City shall take an inventory of its own equipment. Concessionaire shall provide a copy of the Concessionaire inventory for review and approval. During the last thirty (30) days preceding the termination of this Agreement, the City and Concessionaire will conduct a walk-through of the Facilities with the inventory check list to ensure that all parties are in agreement of the ownership of trade fixtures and equipment belonging to each party, Concessionaire shall remove all personal items identified on the check list from the Facilities, other than for those items of personality, which have been furnished by the City or so affixed that their removal therefrom cannot be accomplished without damage to the realty. Should Concessionaire fail to so remove said appliances, furniture, fixtures, equipment, door locks and padlocks within said thirty (30) day period, Concessionaire shall lose all right, title and interest in and thereto, and City may elect to keep same upon the premises or to sell, remove or demolish same. Concessionaire shall reimburse City for any and all costs, as determined by the Executive Director, incurred in excess of any consideration received from the sale, removal or demolition thereof. 4.14 Alteration of the Facilities. Concessionaire agrees all changes or modifications to any of the Facilities requires prior written approval of the Executive Director. All requests for such changes or modifications shall be submitted by Concessionaire to City by utilizing its current Field/Facility Modification Request process, and City reserves the right to approve or deny such requests. A copy of the City's current Field/Facility Modification Request process form is attached hereto as Exhibit C, 5.0 CONCESSIONAIRE MAINTENANCE RESPONSIBILITIES 5.1 Concessionaire shall submit a weekly maintenance schedule to the Executive Director for review. 5.2 Concessionaire, at its own expense, shall be responsible for maintaining all repairs to and replacement of all improvements and equipment thereof in good and substantial condition, including the painting thereof upon written request by the Executive Director. Concessionaire shall, in a timely manner, perform all repairs as required for the maintenance thereof and in compliance with all laws applicable thereto including but not limited to: