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5.A1 Operations & Management Agreement
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5.A1 Operations & Management Agreement
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10/1/2010 11:16:35 AM
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1/12/2010 4:17:56 PM
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insurance policies shall be written by companies authorized to do business in the State of <br />Indiana. Owner and Manager shall each provide Certificates of Insurance evidencing all <br />required coverages to the other party on or before the Commencement Date, and updated <br />Certificates of Insurance shall be provided to each party as requested or needed. <br />RF(''TTCIN 9 <br />CATIONS AND DUTIES OF OWNER <br />9.1 Obligations and Duties of Owner. Owner shall fully cooperate with <br />Manager so as to enable Manager to carry out its obligations and responsibilities under <br />this Agreement. This cooperation shall include, but shall not be limited to, the following: <br />a. Performing all contractual obligations to which it is, at any time, a party relating <br />in any way to the Golf Course, including, without limitation, those agreements <br />which Manager enters into on behalf of Owner pursuant to this Agreement to the <br />extent that performance of such agreements can only be rendered by Owner and <br />not Manager on Owner's behalf; <br />b. Cooperating with Manager and promptly responding to all inquiries and requests <br />for information, documentation or approvals to enable Manager to carry out its <br />obligations under this Agreement. <br />c. Fulfillment or all Owner obligations under this Agreement. <br />9.2 Owner Responsibility for Operating Expenses. Owner agrees to pay for <br />the costs of operating and maintaining the Golf Course in accordance with the terms of <br />this Agreement, expressly including all payroll-related costs and management fees and <br />expense reimbursements to Manager, as set forth in the approved Annual Operating <br />Budget or as otherwise provided for in this Agreement. To the extent funds generated by <br />the Golf Course operating revenues are not sufficient to fund payroll expenses or other <br />operating expenses, Manager shall advise Owner, and Owner then shall provide such <br />funds as required by immediately depositing them into the Operating Account. <br />SECTION 10 <br />FACILITY MAINTENAN <br />10.1 Vendor Services. The selection of vendors to perform services and/or <br />supply materials at the Golf Course under this Agreement shall be made jointly by <br />Manager and Owner, and Owner shall have the right of final approval. <br />10.2 Repairs and Maintenance. Within approved budgetary limitations and in <br />accordance with the Annual Plan and Budget or otherwise in accordance with this <br />-19- <br />
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