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<br />not generated by operation of the Golf Course, they shall be promptly provided by WGP. The City shall in no
<br />event be required to advance any of its own funds for the payment of any expenses to be borne by WGP
<br />hereunder, nor shall the City be required to incur any liability for the deficiency of funds to pay expenses. All
<br />debts and liabilities to third persons incurred by WGP in the course of its obligations hereunder and in
<br />accordance with the terms of this Agreement shall be debts and liabilities ofWGP only, and the City shall not
<br />be liable for any such obligations by reason of its ownership of the Golf Course unless otherwise approved by
<br />the City in writing.
<br />
<br />3.04 Workin2: Capital. WGP shall at all times cause sufficient funds to be on hand to assure the
<br />timely payment of all current liabilities of the Golf Course, including but not limited to all Operating Costs and
<br />expenses incurred in connection with the Golf Course pursuant to this Agreement and the performance by
<br />WGP of its obligations under this Agreement, and all fees and charges payable to City hereunder.
<br />
<br />3.05 Irri2:ation Water for Golf Course. City shall utilize reasonable efforts to make available to
<br />the Golf Course irrigation water in such amounts as City determines are reasonably necessary to meet standard
<br />industry practices for golf course irrigation. The foregoing shall not limit the City's right to reduce or restrict
<br />irrigation water made available to the Golf Course in times of drought or in other circumstances the City in its
<br />sole discretion determines appropriate; provided, however, that the City agrees that in the event it has to limit
<br />use of water for irrigation purposes in times of drought, it will limit such use for City-owned open space, parks
<br />and sports fields, and City maintained areas before limiting use of water for irrigation purposes at Coal Creek
<br />Golf Course. WGP acknowledges and agrees that no assurances are herein made regarding the availability,
<br />quantity or quality of irrigation water for the Golf Course, and that the City shall not be liable for any damages
<br />caused or resulting from any interruption or limitation on water service, or from any claimed deficiency in the
<br />quality of irrigation water.
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<br />3.06 Irri2:ation System. WGP shall be responsible for installing, operating, repairing, maintaining
<br />and replacing, at its expense, necessary irrigation facilities and systems in accordance with the standards set
<br />forth in Section 2.01 of this Agreement and shall pay for all electrical utilities necessary for the irrigation
<br />systems. The foregoing shall not apply to replacement of the pond liners for ponds on the Golf Course; rather,
<br />the City shall be responsible at its expense for the costs of any pond liners.
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<br />ARTICLE IV
<br />Rights and Responsibilities ofWGP and City
<br />
<br />4.01 WGP's Responsibilities. WGP shall, subject to any restrictions or limitations set forth elsewhere
<br />in this Agreement, perform or cause to be performed all tasks which may be necessary or appropriate in
<br />connection with the ongoing operation, management, promotion, maintenance, repair and upkeep of the Golf
<br />Course. In performing such tasks WGP shall, at a minimum, do the following:
<br />
<br />(a) Cause the Golf Course and its operation to comply with all Legal Requirements.
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<br />(b) Take such actions as are necessary for there to be maintained in full force and effect, at
<br />WGP's expense, all permits, licenses, franchises, authorizations, approval, consents and
<br />variances designated by City or necessary for the management, maintenance and operation
<br />of the Golf Course. All such permits, licenses (including liquor, food service, business and
<br />sales tax licenses), franchises, authorizations, approvals, consents and variances shall be
<br />issued to and held in the name of WGP. WGP agrees to procure necessary liquor, food
<br />service, business, sales tax and other licenses; however, the City may terminate this
<br />Agreement upon 45 days prior written notice and without liability to WGP in the event
<br />WGP is unable to procure such licenses, or alternatively may seek to procure such license
<br />in the name of the City, with all costs for procurement and maintenance thereof to be paid
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