5.A1 Operations & Management Agreement

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26.7 Notices and Addresses. All notices required to be given under this Management Agreement shall be given by certified or registered mail, addressed to the proper party to the following addresses, or at such other address as may be subsequently given pursuant to this Section and shall be deemed given when deposited in the U.S. mails, postage prepaid: Owner: Manager: South Bend Redevelopment Commission Kitson & Partners Club Services, LLC 1200 County-City Building 4500 PGA Boulevard, Suite 400 South Bend, Indiana 46601 Palm Beach Gardens, FL 33412 Attn: Donald E. Inks, Director Attn: Mr. George Speer The above noted addresses may be changed by either party by mailing written notice of such change to the other party at the last designated address of the other party as provided herein, with such change to be effective upon receipt of said notice. 26.8 Time of the Essence. Time is of the essence of this Agreement. 26.9 Rights and Remedies Cumulative. The rights and remedies provided by this Management Agreement are cumulative and the use of any right or remedy by either party shall not preclude or waive its rights to use any and all other remedies. Said rights and remedies are given in addition to any other rights the parties may have bylaw, statute, ordinance or otherwise. 26.10 Status of Parties. Parties hereto shall be deemed independent contractors with respect to one another for all purposes and nothing contained in this Management Agreement shall be determined to create a partnership or joint venture between the Manager, the Owner, the City of South Bend, or the St. Joseph County Airport Authority with respect to the Manager's activities conducted at the Golf Course pursuant to the terms of this Management Agreement. 26.11 Waiver. The waiver by either the Manager or the Owner of any default or breach by the other party of any of the provisions of this Management Agreement shall not be deemed a continuing waiver or waiver of any other breach by the other party of the same or another provision of this Management Agreement. 26.12 Improvements. The Manager shall make no improvements to the Golf Course without the prior written approval of the Owner. 26.13 Waste or Nuisance. The Manager shall not commit or permit any waste on or about the Golf Course during the term of this Management Agreement nor shall it maintain, commit or permit the maintenance or commission of any nuisance on or about the Golf Course nor use the Golf Course for any unlawful purpose. Any factors or risks associated with errant golf shots, the noise associated with golf maintenance equipment -34-