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10.1 Termination. This Agreement is subject to termination for a material breach of the Agreement by either Party subject to the cure provisions set forth in this Section of the Agreement. If either Party determines that a Material Breach of the Agreement has occurred, it will give the other Party written notice of the Material Breach no later than five (5) calendar days after the Party knows or through reasonable inquiry should have known about the occurrence of the Material Breach. 10.2 Material Default by Operator. Any of the following constitute a material default of the Agreement: A. Operator ceases operation of the Facilities; B. Operator transfers or attempts to transfer any rights or interest in the Facilities in any fashion without the City's consent; C. Operator fails to comply with any of the terms of this Agreement; D. Operator elects not to repair Facilities as provided for in Section 6.3; E. Failure to construct the Improvements within the time period agreed upon by the Parties; and Failure to pay the agreed upon monthly lease costs or the gross sales amount. 10.3 Material Default by the City. Any of the following constitute a material default of the Agreement: A. City sells the property; B. City takes action inconsistent with Operator's rights to operate the Tennis Center under this Agreement; C. Through no fault of Operator, the Facilities are destroyed or damaged to the extent that they cannot be operated pursuant to the terms of this Agreement. 10.4 Right to Cure. The parties shall have ten (10) calendar days from the date that notice of the material breach is received to cure any material defect. 10.5 Surrender of Premises. Upon the expiration or termination of this Agreement, Operator shall peaceably vacate the Facilities and any and all improvements located thereon and deliver up the same to City in a reasonably good condition ordinary wear and tear excepted. #20089v2 13