MATCH POINT TENNIS ACADEMY, LLC - 2008

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DO NOT RECORD 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. 21. Access. Each party shall provide access to the Facilities to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week. City represents and warrants that it has full rights of ingress and egress to and from the Facilities, and hereby grants such rights to Match Point to the extent required to maintain, and operate Match Point's program within the Facilities. Match Point's exercise of such rights shall not cause undue inconvenience to City. 22. Restrictions on Assie[tment. This License is entered into specifically with the parties in mind. Therefore, neither party shall assign any or all of its rights under this License without the prior written consent of the other party, in its sole and absolute discretion. 23. Notices. All written notices required to be given pursuant to the terms hereof shall be either (i) personally delivered, (ii) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party: To Match Point: Match Point Tennis Academy 7878 E. Portico Terrace Orange, CA 92867 Attn: Elson T. De Cantuaria, Director Telephone No.: (714) 724-9407 FaxNo.: (714) ****** E-mail: to