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party hereto: provided, however, that either party may assign, upon written notice to the <br />other party but without requiring the other party's consent, its rights and obligations <br />hereunder to a subsidiary or affiliate with substantially the same ownership, controlling <br />authority, and professional qualifications; and provided, further, that Manager may assign <br />this Agreement to any successor entity which agrees to retain substantially all of the <br />employees of Manager then providing management services to the Golf Course. <br />SECTION 26 <br />MISCELLANEOUS <br />26.1 Nondiscrimination. The Manager shall not discriminate in any manner on <br />the basis of gender, race, color, creed, age, handicap or national origin with respect to any <br />applicant or employee, and shall conform in all respects to the pertinent provisions of <br />federal, state or local laws, ordinances, rules and regulations of employment practices. <br />The Manager further agrees that in serving the public, its employees shall not, on the <br />grounds of gender, race, creed, color, age, handicap or national origin discriminate or <br />permit discrimination or refuse to serve a person or group of persons in any manner <br />prohibited by federal, state or local laws, rules, ordinances and regulations. <br />26.2 Food and Beverage Services; Licenses and Permits. <br />a. The parties acknowledge that the Golf Course currently is permitted by the <br />Indiana Alcoholic Beverage Commission to serve liquor. Owner shall make <br />every reasonable effort to retain said permit. Said permit shall authorize Manager, <br />as manager of the Golf Course, to serve liquor on the licensed premises in the <br />normal course of business. Manager shall comply with all local, county, state and <br />federal laws and regulations governing the serving of alcoholic beverages, and <br />shall properly direct all Golf Course personnel in this regard through policies, <br />posting of notices and supervision. Manager shall secure for all wait staff and <br />bartenders any permit required by the Indiana Alcoholic Beverage Commission. <br />The liquor license shall be and shall remain the sole property of the Owner. <br />b. Manager is responsible to assure that all other applicable state and/or local <br />permits and licenses for the provision of Food and Beverage Services at the Golf <br />Course shall be obtained. <br />c. Manager shall provide all Food and Beverage Service. The Clubhouse Restaurant <br />shall be open for food services at all times during which the Course is open. <br />Alcoholic beverages shall not be served before 10:00 A.M. <br />d. Manager acknowledges that the provision of high quality Food and Beverage <br />Services in a manner pleasing to the public is of utmost importance to the overall <br />success of the Golf Course. Manager shall take all reasonable efforts to assure <br />-32- <br />