25R - MGMT AND OPERATION OF CABRILLO TENNIS CENTER

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DO NOT RECORD 17. Termination of Agreement This License shall be terminable by the City upon the occurrence of any of the following: A. Use of Facilities. Match Point ceases operation of a Tennis Academy; or, B. Unauthorized Transfer. Match Point transfers or attempts to transfer any rights or interest in the Property in any fashion without the City's consent. 18. City's Remedies in Event of Breach. Default or Abandonment. In event of Match Point's breach, default or abandonment of Facilities, City may: A. Continue this License in effect by not terminating Match Point's right to the Facilities, in which event City shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the compensation/consideration specified in this Agreement as it becomes due under this Agreement; or B. Terminate this Agreement and recover from Match Point any amount necessary to compensate City for all detriment proximately caused by Match Point's failure to perform its obligations under this Agreement. C. Should Match Point default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified in this section of this Agreement, re-enter and regain possession of the Facilities in the manner provided by the laws of the State of California then in effect. 19. Force Maieure. Should the performance of any act required by this Agreement to be performed by either City or Match Point be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Match Point as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or Match Point, required to perform the act. 20. Insolvency of Match Point. The insolvency of Match Point as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Match Point, or the making of a general assignment for the benefit of creditors by Match Point, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Facilities. 25R-11