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5.A1 Operations & Management Agreement
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5.A1 Operations & Management Agreement
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7.7 Other Employment Matters. Manager shall be responsible for compliance <br />with all laws, regulations and tax requirements relative to payroll and employment of the <br />Golf Course' employees, with all such expenses to be considered operating expenses of the <br />Golf Course and covered from the Operating Accounts or other funds provided by Owner. <br />Manager shall be responsible for resolving any issues related to employee compensation, <br />unemployment claims and benefits, and all related expenses, including attorneys' fees or <br />other litigation expenses as approved by Owner, shall be operating expenses of the Golf <br />Course. <br />Manager shall be responsible for providing (either directly or through a professional <br />services subcontractor or employee leasing company) Workers Compensation & <br />Employers Liability Insurance and any Statutory Disability Coverage as may be required <br />by State regulatory authorities for the employees of the Golf Course. The cost of such <br />coverage shall be an operating expense of the Golf Course and shall be included in the <br />Annual Operating Budget. <br />Owner covenants that it shall not, during the term of this Agreement or for a period of <br />one year after the expiration of the term hereof, employ or offer to employ, at or in <br />connection with the Golf Course, or at any other Golf Course or facilities of Owner, any <br />personnel of Manager without the prior written consent of Manager, which consent may <br />be withheld in the sole discretion of Manager. <br />7.8 Mortgages. Nothing herein contained shall prevent Owner from causing the <br />Golf Course or any portion thereof from being encumbered by a bond, mortgage, deed of <br />trust or trust deed in the nature of a mortgage. Manager shall use diligent efforts to cause <br />the operation of the Golf Course to comply with all terms, conditions, covenants and <br />obligations contained in any bond, mortgage or loan agreement related to the Golf Course, <br />including, without limitation, the obligation to prepare and deliver required financial <br />statements and materials with respect to the Golf Course, or any substitute therefore of <br />which Manager is made aware. The rights of Manager under this Agreement to receive <br />payment of management fees and reimbursement of expenses shall not be subordinated to <br />the rights of any lender. <br />SECTION 8 <br />INSURANCE <br />8.1 Insurance Policies on the Golf Course. Owner shall provide for all insurance <br />coverage on the Golf Course at Owner's expense. All insurance shall be obtained from <br />financially sound and reputable companies, with amounts and types of coverage no less <br />than those normally secured by Owners of comparable golf course properties in <br />comparable locations. Owner will include Manager as an additional insured on a primary <br />and non-contributory basis on Owner's commercial general liability, commercial <br />automobile and umbrella liability policies. Owner shall be responsible, at no additional <br />-17- <br />
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