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5.A1 Operations & Management Agreement
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5.A1 Operations & Management Agreement
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that food is of high quality and consistent with the goals of the Owner to enhance <br />attendance at the Golf Course. <br />e. Manager shall provide Janitorial Services to the Food and Beverage Service Areas <br />during the Term of this Management Agreement. <br />£ Manager shall post signs in appropriate locations at the Golf Course which shall <br />prohibit patrons from bringing food, beverages, beverage containers or alcoholic <br />beverages onto the Golf Course. <br />g. Owner reserves the right to approve the location, extent, and use of vending <br />machines provided by or at the direction of Manager at the Golf Course. Manager <br />acknowledges that is the Owner's desire that vending machines be used <br />appropriately to supplement the provision of Food and Beverage Services rather <br />than to substitute for the provision of said services at the Golf Course. <br />h. Chewing gum shall not be sold by Manager, either manually or through vending <br />machines. <br />26.3 Validity of Agreement. The parties warrant that the execution and <br />performance of this Agreement by such parties does not and shall not conflict with or <br />violate any provision of their respective articles of incorporation, by-laws or operating <br />agreements. <br />26.4 Severability. If any one or more of the provisions contained in this <br />Management Agreement shall for any reason be held to be invalid, illegal, or <br />unenforceable in any respect, and if such holding does not affect the ability of the <br />Manager to perform and have access to the Golf Course as provided for herein, such <br />invalidity, illegality or unenforceability shall not affect any other provision hereof, and <br />this Management Agreement shall be construed as if such invalid, illegal or <br />unenforceable provision was not contained therein. <br />26.5 Binding Effect: Governing Law: Counterpart. This Agreement shall inure <br />to the benefit of and be binding upon the parties hereto, their successors and permitted <br />assigns. This Agreement shall be governed by and enforced and construed in accordance <br />with the laws of the State of Indiana and any action to enforce any of the terms hereof <br />shall be filed in the Superior Court of St. Joseph County, Indiana. This Agreement may <br />be executed in any number of counterparts, each of which shall be deemed an original <br />without the production of the other and all such counterparts together shall constitute but <br />one and the same instrument. <br />26.6 Partnership or Joint Venture. Owner and Manager are not partners or joint <br />venturers with each other and nothing in this Agreement shall be construed to make them <br />such partners or joint venturers or impose any liability of such on either of them. The <br />parties hereto hereby acknowledge that Manager and Owner have no power to bind or <br />obligate the other party except as set forth in this Agreement. <br />-33- <br />
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