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AGREEMENT <br /> In consideration of the mutual benefits to be derived from this agreement and other <br /> valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, <br /> intending to be legally bound agree as follows: <br /> SECTION 1 <br /> SERVICES <br /> 1.1. Background Facts. The Background Facts are agreed to be true and correct are <br /> incorporated herein by this reference. <br /> 1.2. Services. During the Term (as hereinafter defined), IGM agrees to provide to <br /> Owner the services, including all labor, materials, uniforms and supplies required to perform <br /> such services, described in the RFP Number 7054 and IGM's Response to RFP Number 7054 <br /> attached and incorporated by reference herein attached and incorporated by reference herein as <br /> Exhibit A subject to the specific terms and conditions of this Agreement(the"Services"). <br /> 1.3. Agreement Regarding Scope of Services. IGM shall not, without owner's prior <br /> written approval, be required to exceed the Services described in Exhibit A or provide any <br /> additional services. Such written approval shall not be binding on IGM until the fee for such <br /> Services is agreed in writing by Owner. Owner agrees and acknowledges that the Services do <br /> not include,without limitation: (i)payment of the costs of any utility services to the Course or in <br /> connection with the Services, (ii) the costs of any material improvements or modifications to any <br /> irrigation system present on the Course, (iii) the cost of hauling any organic waste and/or debris <br /> from the Course, (iv) the cost of any modifications or capital improvements to the Course, (v)the <br /> repair or replacement of Course facilities, including shrubbery or trees that are damaged or <br /> destroyed by severe weather, or (vi) the cost of repair or replacement of property, real or <br /> personal, which is damaged through acts of vandalism or other criminal activity, unless such <br /> vandalism or criminal activity is directly caused by the affirmative acts of IGM. IGM shall not <br /> subcontract any work under this agreement without Owner's written permission. IGM shall not <br /> assign this contract without Owner's written permission. <br /> 1.4. Compliance with Laws. IGM shall comply with all applicable laws, ordinances <br /> and regulations related in the performance of its Services hereunder. Without limitation, IGM <br /> shall not violate any federal, state or local environmental laws, statutes, ordinances, codes, rules <br /> or regulations regulating the Services. <br /> SECTION 2 <br /> TERM; EARLY TERMINATION <br /> 2.1. Term of this Agreement. This Agreement shall be effective for a period of Five <br /> (5)years from the Effective Date, (the"Term")unless earlier terminated as provided herein. The <br /> Term being from October 1, 2005 and continuing through September 30, 2010. The County shall <br /> have the option to renew this Agreement for two (2) additional five (5) year terms. Any <br /> additional services requested by the County shall be completed in accordance with applicable <br /> authorization provided by the County. <br /> 2 <br /> 16 <br />