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performance of affected Services under this Agreement during the period of such acts or <br /> occurrences and for reasonable times thereafter, unless IGM and Owner can agree on such other <br /> duties that cam be performed by IGM. Still, Owner shall be liable to pay the monthly fee due <br /> IGM under this Agreement less any sums that IGM can save through good faith efforts to <br /> mitigate its costs during such period. If IGM is unable to perform its duties under this agreement <br /> for more than 15 consecutive days due to the acts or occurrences, Owner may terminate this <br /> agreement. Without limitation, the parties agree that Services to be performed by IGM <br /> hereunder are to be performed essentially in concert with nature, and that unusual or severe <br /> weather may inhibit attainment of the goals set forth in the Maintenance Guidelines. <br /> Additionally, the parties agree that the Owner shall be responsible for the repair or replacement <br /> of Course facilities, including shrubbery and trees, which may be damaged by unusual or severe <br /> weather. In the event that unusual or severe weather or conditions which cause IGM to <br /> recommend the closing of the Course to play, Owner agrees to bear the risk of any damage <br /> which results from refusal by Owner to heed such warning. <br /> 7.11. IGM may identify the Course as a golf course to which IGM is providing <br /> Services. It is recognized that the name "International Golf Maintenance, Inc." and the initials <br /> "IGM," together with any other names, logos or designs owned by IGM or any of its affiliates <br /> and used in connection with the Services, together with appurtenant goodwill, are the exclusive <br /> property of IGM or its affiliates (collectively, the "IGM-Owned Names"). Accordingly, Owner <br /> agrees that no right or remedy of Owner for any default on the part of IGM under this Agreement <br /> shall, nor shall any provision of this Agreement, confer upon Owner or its successors or assigns <br /> the right to use IGM-Owned Names in the operation of the Course or otherwise. In the event of <br /> any breach of this covenant by Owner,IGM, in addition to any remedies available to it under this <br /> Agreement or at law or in equity, shall have the right to injunctive relief. <br /> 7.12. In the event of the sale or other transfer of control over the Course, Owner will <br /> assign this Agreement to the purchaser or transferee, and upon such assignment and the written <br /> assumptions by the purchaser of all the obligations of Owner to IGM hereunder, Owner shall be <br /> fully released and relieved of all obligations hereunder arising from and after the date of the <br /> assignment. <br /> 7.13. PERMITS,FEES, LICENSES. <br /> Permits, fees, licenses necessary for performance of work by IGM will not be waived by <br /> the County, and IGM shall be responsible for obtaining, and shall pay for, any such required <br /> permits, fees, and licenses. <br /> 7.14. INTEREST OF IGM. <br /> IGM covenants that it presently has no interest and shall not acquire any interest, direct or <br /> indirect, which shall conflict with its performance, or services required to be performed, under <br /> this Agreement. IGM further covenants that, in the performance of this Agreement, no person <br /> having any such conflicting interest shall be employed by IGM. <br /> 7.15 COVENANT AGAINST CONTINGENT FEES. <br /> IGM warrants that it has not employed nor retained any company or person, other than a <br /> bona fide employee working solely for IGM, to solicit or secure this Agreement, and that it has <br /> 9 <br /> 23 <br />