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5.A1 Operations & Management Agreement
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5.A1 Operations & Management Agreement
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26.7 Notices and Addresses. All notices required to be given under this <br />Management Agreement shall be given by certified or registered mail, addressed to the <br />proper party to the following addresses, or at such other address as may be subsequently <br />given pursuant to this Section and shall be deemed given when deposited in the U.S. <br />mails, postage prepaid: <br />Owner: Manager: <br />South Bend Redevelopment Commission Kitson & Partners Club Services, LLC <br />1200 County-City Building 4500 PGA Boulevard, Suite 400 <br />South Bend, Indiana 46601 Palm Beach Gardens, FL 33412 <br />Attn: Donald E. Inks, Director Attn: Mr. George Speer <br />The above noted addresses may be changed by either party by mailing written notice of <br />such change to the other party at the last designated address of the other party as provided <br />herein, with such change to be effective upon receipt of said notice. <br />26.8 Time of the Essence. Time is of the essence of this Agreement. <br />26.9 Rights and Remedies Cumulative. The rights and remedies provided by <br />this Management Agreement are cumulative and the use of any right or remedy by either <br />party shall not preclude or waive its rights to use any and all other remedies. Said rights <br />and remedies are given in addition to any other rights the parties may have bylaw, statute, <br />ordinance or otherwise. <br />26.10 Status of Parties. Parties hereto shall be deemed independent contractors <br />with respect to one another for all purposes and nothing contained in this Management <br />Agreement shall be determined to create a partnership or joint venture between the <br />Manager, the Owner, the City of South Bend, or the St. Joseph County Airport Authority <br />with respect to the Manager's activities conducted at the Golf Course pursuant to the <br />terms of this Management Agreement. <br />26.11 Waiver. The waiver by either the Manager or the Owner of any default or <br />breach by the other party of any of the provisions of this Management Agreement shall <br />not be deemed a continuing waiver or waiver of any other breach by the other party of the <br />same or another provision of this Management Agreement. <br />26.12 Improvements. The Manager shall make no improvements to the Golf <br />Course without the prior written approval of the Owner. <br />26.13 Waste or Nuisance. The Manager shall not commit or permit any waste <br />on or about the Golf Course during the term of this Management Agreement nor shall it <br />maintain, commit or permit the maintenance or commission of any nuisance on or about <br />the Golf Course nor use the Golf Course for any unlawful purpose. Any factors or risks <br />associated with errant golf shots, the noise associated with golf maintenance equipment <br />-34- <br />
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