PLEASANTON GOLF - COURSECO -AMENDMENT

sweepings of the parking lot twice per month. 5. OTHER CHANGES TO THE OPERATOR AGREEMENT Section 3.03 is amended to add the following at the end of the section: Finally,OPERATOR warrants and represents that any tender of defense or indemnity obligations presented by the CITY shall be accepted within 7 business days absent clear and convincing evidence such obligations are inapplicable. Section 3.04.3 is amended to add the following at the end of the section:OPERATOR has the sole obligation to maintain the Premises in safe condition. Section 5.01(k)is amended to substitute the word"Claims"where the word"claims"is currently used. Section 5.03 is amended and restated as follows: 5.03 Contracts and Agreements. All third party contracts related to the operation and maintenance of the Golf Course (including without limitation golf professional contracts, contracts for maintenance and repair services,pest control,supplies,landscaping services,and contracts for tournaments, banquets, and other group functions) shall abide by the requirements of this section, which shall be included in the contract. All such third party contracts shall have provisions requirement the CITY to be named as an additional named insured on all applicable insurance policies and shall require the third parties to defend and indemnify the CITY against any and all Claims arising from any services, products, or actions related to such contracts. Except as provided in this Agreement,all leases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the operation and maintenance of the Golf Course entered into during the term of this Agreement which are not already in the CITY's name, shall be entered into by OPERATOR as the contracting party. If the term of the lease, financing agreement,or other contract or agreement is for more than one year,extends beyond the term of this Agreement or the date for performance under such lease,agreement or contract is after this Agreement terminates,then prior approval of the Director is required.If the Director has approved the lease, agreement or contract, CITY shall assume any assignments of such lease,agreement or contract. Section 5.09 is amended to add the following at the end of the section: OPERATOR shall be solely liable for any defense costs or settlements related to any such incidents. Section 8.01.1(v)is stricken. Section 8.01.3 is amended to add the following subsection d)at the end of the section: d) Legal fees related to defense obligations or indemnity costs due to any Claims related to OPERATOR'S alleged negligence(whether in whole or in part). Section 11.01.1(c)(i) is amended and restated as follows: The City, its officers, officials,employees, affiliates,representatives, and volunteers are to be covered as additional insureds relating to any and all matters covered by this Agreement, including but not limited to" liability arising out of activities performed by or on behalf of the OPERATOR;products and completed operations of the OPERATOR;premises owned, occupied, or used by the OPERATOR; or automobiles owned, leased, hired or borrowed by the