PLEASANTON GOLF - COURSECO OPERATOR AGREEMENT

1.39 Insurance Requirements. "Insurance Requirements" are all requirements of each insurance policy, and all orders, rules, regulations and other requirements of the National Board of Fire Underwriters (or any other body exercising similar functions) applicable to the Golf Course or the operation of the Golf Course. 1.40 In-s•itee. "Invitee" is anyone present on the Golf Course for golfing, dining or other lawful purpose. 1.41 Legal Requirements. "Legal Requirements" are all laws, statutes, ordinances, orders, rules, regulations, permits, licenses, authorizations, directives and requirements of all governments and governmental authorities, which now or hereafter may be applicable to the Golf Course or the operation of the Golf Course, including, but not limited to, the Americans with Disabilities Act and implementing regulations as well as other federal, state and local laws and regulations governing access and all federal, state and local laws and regulations pertaining to the storage, use and disposal of "hazardous or toxic wastes, substances or materials" as defined by applicable law. 1.42 Lesson Expenses. "Lesson Expenses" are defined in Section 8.01.5. 1.43 Maintenance Building. "Maintenance Building" is the approximately 5,500 square foot building utilized for the maintenance of equipment. 1.44 Maintenance Standards. "Maintenance Standards" are the standards for maintenance of the Golf Course set forth in the Golf Course Maintenance Standards attached hereto as Exhibit B and incorporated herein by this reference, as they may be revised during the term of this Agreement in the sole and absolute discretion of the Director; provided, however, that if any such revision results in an increase in Direct Costs, CITY shall increase the applicable Direct Cost Budget(s) reasonably to account for such increased Direct Costs. 1.45 Mana<!ement Staff. Management Staff is defined in Section 5.02.1. 1.46 Marketing and Promotional Plan. "Marketing and Promotional Plan" is defined in Section 3.08.3. 1.47 Operating Year. "Operating Year" is the period from the Effective Date to the following July 1 and each following twelve (12) calendar month period for the term of the Agreement. 1.48 Operator. "Operator" is Pleasanton Golf, LLC, which is wholly owned by CourseCo, Inc. 1.49 PGA/LPGA. "PGA" is the Professional Golfers' Association of America. "LPGA" shall mean the Ladies Professional Golfers' Association of America. 1.50 Premises. "Premises" is the Golf Course.