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THE PARTIES HERETO AGREE THAT THE $1,000 PER MONTH CHARGES <br /> REFERENCED ABOVE CONSTITUTE A REASONABLE APPROXIMATION OF THE <br /> ACTUAL DAMAGES THAT THE CITY WOULD SUFFER DUE TO A FAILURE BY <br /> OPERATOR TO ADHERE TO THE REQUIRED PERFORMANCE LEVEL, <br /> CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE EFFECTIVE <br /> DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE CHARGES <br /> TO THE RANGE OF HARM TO CITY THAT REASONABLY COULD BE ANTICIPATED <br /> AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE <br /> COSTLY OR INCONVENIENT. IN PLACING ITS INITIALS AT THE PLACES <br /> PROVIDED HEREIN BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE <br /> ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH <br /> PARTY HAS BEEN REPRESENTED BY COUNSEL WHO HAS EXPLAINED THE <br /> CONSEQUENCES OF THE LIQUIDATED DAMAGES PROVISION AT OR PRIOR TO <br /> THE TIME EACH EXECUTED THIS AGREEMENT. <br /> CITY OPERATOR <br /> 4.07.11 Maintenance Personnel. OPERATOR shall employ and maintain in its employ <br /> a Class "A" Golf Course Superintendent and Crew at the Premises daily during normal working <br /> hours. OPERATOR shall employ sufficient personnel to perform all work required under the <br /> Maintenance Standards. <br /> 4.07.12 Suspension of Play. Temporary suspension of play shall be determined as <br /> provided in the Golf Course Manual. <br /> 4.07.13 Equipment, Supplies and Materials. OPERATOR shall procure and maintain <br /> (as a Direct Cost) all necessary and appropriate equipment, supplies and materials of good <br /> quality and in sufficient number to fulfill the maintenance requirements of this Agreement, but <br /> expenditures shall not exceed the amounts allocated in the Direct Cost Budget without the prior <br /> written consent of the Director. The required equipment, supplies and materials shall include, <br /> but not be limited to: <br /> a) All equipment necessary and appropriate to operate the Golf Course <br /> including, but not limited to, the Maintenance Equipment List, which is attached as Exhibit C <br /> and incorporated by this reference; <br /> b) All necessary and appropriate gas, oil, maintenance and operating supplies, <br /> and spare and replacement parts for all equipment used at the Golf Course with the <br /> OPERATOR required to use the CITY's gas contract unless otherwise approved by Director; <br /> c) All necessary and appropriate topdressing, seed, fertilizers, fungicides, <br /> insecticides and herbicides for maintenance of the Golf Course and in compliance with Section <br /> 4.07; <br /> 18 <br />