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(e) Default after any applicable grace period or notice and cure periods under any applicable debt document with respect to the Course. 5.4 Emergency Maintenance At any time during this agreement, if the Owner determines that any portion of the golf course is in immediate jeopardy of sustaining some type of serious harm due to a maintenance failure of IGM, the Owner may utilize its own work force to go on the golf course and perform such tasks as are necessary to prevent such serious harm from taking place. The costs of such preventative maintenance shall be itemized by the County and submitted to IGM and offset against any future monies owning to IGM under this agreement. EQUIPMENT REPURCHASE ADDENDUM If noted here, the Equipment Repurchase Addendum attached shall be a part of this Agreement. 0 The Equipment Repurchase Addendum is a part of this Agreement. ❑ The Equipment Repurchase Addendum is not a part of this Agreement. SECTION 6 DEFAULT; REMEDIES 6.1. Default by IGM. In the event IGM is in default under the terms of this Agreement, after thirty (30) days written notice and opportunity to cure, Owner may, in addition to any right of termination provided in Section 2 of this Agreement, maintain an action for damages arising from the default. 6.2. Default by Owner. In the event that Owner is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, IGM may, in addition to any right of termination contained in Section 2 of this Agreement, exercise any right or remedy available at law or equity including, without limitation, an action for damages arising out of the breach. SECTION 7 MISCELLANEOUS 7.1. Any written consent, approval or instruction issued by Owner's representation identified in Recital C of this Agreement shall be binding to the same extent as if given by Owner. Owner may change the designated Owner's representative by written notice to IGM. 7 21