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5.A1 Operations & Management Agreement
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5.A1 Operations & Management Agreement
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may exercise this discount privilege only for personal use, or for use by members of the <br />employee=s immediate family, which is defined as including only the employee=s <br />spouse and dependent children. The total annual discount purchases made by any <br />employee shall not exceed the amount of the annual salary paid to the employee by <br />Manager. Owner and Manager agree that no discount purchasing privileges shall be <br />granted to Owner=s employees or to any public official. <br />SECTION 21 <br />DESTRUCTION OF GOLF COURSE <br />21.1 Partial Destruction. If, in the sole opinion of the Owner, the Golf Course <br />is partially destroyed by any cause and can be repaired or restored to its prior condition <br />and the destruction does not render the Golf Course unusable, this Management <br />Agreement shall continue in full force and effect. The Owner shall, at its expense, <br />promptly and diligently complete the restoration of the Golf Course to the same condition <br />as of the Commencement Date of this Management Agreement, reasonable wear and tear <br />excepted. <br />21.2 Reduction in Fixed Fee. Should the Course be unavailable for 30 or more <br />consecutive days in any given Golf Season as a result of the partial destruction of the <br />Golf Course or by reason of the Owner's election to repair or restore the Golf Course <br />subsequent to partial destruction, the Fixed Fee shall be reduced $150 per day for each <br />day beyond the 30 days that the Course in unavailable. <br />21.3 Total Destruction. In the event the Golf Course is totally destroyed, in the <br />sole and reasonable opinion of the Owner, by fire or other casualty, the Owner may elect <br />to suspend this Management Agreement. Such election shall be exercised by the Owner <br />by giving written notice to the Manager within thirty (30) days after such destruction. If, <br />after due consideration, the Owner elects not to restore the Golf Course to playable <br />condition, this Management Agreement shall terminate at no penalty to either party. If <br />and when the Owner does restore the Golf Course, this Management Agreement shall <br />again be in force, effective 60 days prior to the scheduled re-opening of the Course, and <br />continuing for the unexpired term that remained in the Management Agreement at the <br />time it was suspended. In such event, Owner shall be responsible and liable for all costs <br />associated with the closure, interim care, insurance, security, maintenance, and re- <br />opening of the Golf Course, including, but not limited to, all costs associated with the <br />dismissal and re-hiring of Manager's employees. <br />RF('TTf1N ~~ <br />SIGNAGE <br />-30- <br />
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