5.A1 Operations & Management Agreement

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1.2 "Clubhouse" shall mean the Blackthorn Golf Course Clubhouse and all facilities, structures, fixtures, equipment, etc. comprising or used in the operation of the Blackthorn Golf Course Clubhouse. 1.3 "Commencement Date" shall mean January 1, 2010. 1.4 "Course" shall mean that portion of the Golf Course comprising the 19- hole golf course and golf practice complex. 1.5 "Fiscal Year" shall mean from January 1 to December 31. 1.6 "Food and Beverage Services" shall mean all food and beverage services required or appropriate for any and all events at the Golf Course, including without limitation, dining, catering, vending and Food and Beverage Services, through fixed and portable Food and Beverage stands, carts, vending machines roving vendors, snack bars, Food and Beverage Service Areas and any other areas of the Golf Course for which it is reasonable and appropriate to serve food and beverages. 1.7 "Food and Beverage Service Areas" shall mean all areas, improvements, fixtures and trade fixtures at or in connection with the Golf Course which are used in connection with the operation of Food and Beverage Services. 1.8 "Golf Course" shall mean all land, facilities, structures, including the Clubhouse, fixtures, equipment, etc. comprising the Blackthorn Golf Course, located within the Blackthorn Corporate Park in the City of South Bend. 1.9 "Golf Season" shall mean the period commencing on or about April 1 of each full calendar year of this Management Agreement and ending on or about November 15 of such full calendar year, weather permitting. 1.10 "Gross Revenue" shall mean all receipts from the sale of memberships, individual or special group greens fees, events tickets conducted at the Golf Course; all golf cart rentals; all advertising sales; the sale of royalty and logo rights; all revenues generated from the rental of the Club House or Golf Course; all receipts from the sale of food and beverage items, merchandise or practice balls; all receipts from club repairs or club rentals; private golf lessons; and any and all other fees and revenues generated from play or events taking place at the Golf Course, including the Blackthorn Golf Academy. Excepted from this definition is any state sales tax applicable to any transaction at the Golf Course. 1.11 "Joint Committee" shall mean the Joint Committee created pursuant to the Agreement among the South Bend Redevelopment Authority, the South Bend Redevelopment Commission, and the St. Joseph County Airport Authority for the Operation and Management of Blackthorn Golf Course, dated October 8, 1992, and exercising policy and oversight responsibilities with respect to the Golf Course. -2-