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