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Exhibit 7 <br />10.1 Termination. This Agreement is subject to termination for a material <br />breach of the Agreement by either Party subject to the cure provisions set forth in this <br />Section of the Agreement. If either Party determines that a Material Breach of the <br />Agreement has occurred, it will give the other Party written notice of the Material Breach <br />no later than five (5) calendar days after the Party knows or through reasonable inquiry <br />should have known about the occurrence of the Material Breach. <br />10.2 Material Default by Operator. Any of the following constitute a material <br />default of the Agreement: <br />A. Operator ceases operation of the Facilities; <br />B. Operator transfers or attempts to transfer any rights or interest in the <br />Facilities in any fashion without the City's consent; <br />C. Operator fails to comply with any of the terms of this Agreement; <br />D. Operator elects not to repair Facilities as provided for in Section 6.3; <br />E. Failure to construct the Improvements within the time period agreed <br />upon by the Parties; and <br />F. Failure to pay the agreed upon monthly lease costs or the gross sales <br />amount. <br />10.3 Material Default by the City. Any of the following constitute a material <br />default of the Agreement: <br />A. City sells the property; <br />B. City takes action inconsistent with Operator's rights to operate the <br />Tennis Center under this Agreement; <br />C. Through no fault of Operator, the Facilities are destroyed or <br />damaged to the extent that they cannot be operated pursuant to the <br />terms of this Agreement. <br />10.4 Right to Cure. The parties shall have ten (10) calendar days from the date that <br />notice of the material breach is received to cure any material defect. <br />10.5 Surrender of Premises. Upon the expiration or termination of this <br />Agreement, Operator shall peaceably vacate the Facilities and any and all improvements <br />located thereon and deliver up the same to City in a reasonably good condition ordinary <br />wear and tear excepted. <br />#20089v2 <br />250316 <br />