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5.A1 Operations & Management Agreement
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5.A1 Operations & Management Agreement
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and any other aspects of normal golf course operations and maintenance shall not under <br />any circumstances be deemed a nuisance for purposes of this clause. <br />26.14 The Manager shall not permit any mechanics lien or other encumbrances <br />or liens to exist against the Golf Course and shall within thirty (30) days of any such lien <br />or encumbrance being asserted against the Golf Course as a result of action or inaction by <br />the Manager either cause the same to be released of record or obtain title insurance <br />coverage or other bonding reasonably satisfactory to the Owner over such lien and <br />proceed diligently to contest the same in good faith. <br />26.15 References to the Owner. All references to the Owner in this Management <br />Agreement also shall be deemed to be references to such officers or employees or other <br />designees of the Owner as may be appropriate to implement the terms of this <br />Management Agreement. <br />26.16 Valid Delaware Corporation Registered to Do Business in Indiana. The <br />Manager represents that as of the date of the execution of this Management Agreement it <br />is organized and in good standing under the corporation laws of the State of Delaware <br />and registered with the office of the Indiana Secretary of State to do business in the State <br />of Indiana, that it is duly authorized to enter into this Management Agreement and has <br />taken all requisite corporate action to obtain such authorization and that no consent of or <br />notice to any other individual, private or public entity or governmental authority is <br />required in connection with the execution, delivery and performance of this Management <br />Agreement. <br />26.17 Headings. Headings, captions and paragraph headings contained in this <br />Agreement are for convenience and reference only and in no way define, describe, extend <br />or limit the scope or intent of this Agreement. <br />26.18 Complete Agreement. This Agreement shall constitute the entire <br />agreement between the parties hereto relative to the subject matter hereof and supersedes <br />all prior and contemporaneous agreements and understandings of the parties and no <br />variance or modification hereof shall be valid or enforceable except by supplemental <br />agreement in writing, dated subsequent to the date hereon and executed by the parties in <br />the same manner as this Agreement. <br />[CONTINUED ON SIGNATURE PAGE) <br />-35- <br />
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