Agmt 2002 American Golf Corp - Laserfiche WebLink

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electricity) to plumb Marina Golf Course Lake to access the effluent water and to water the Marina Park Areas. Except as otherwise provided in this Section 6, Lessee, at its own cost, shall obtain, secure and furnish its own equipment, labor and materials to discharge Lessee's obligation to irrigate the Golf Facility and Marina Park Areas with effluent water. 6.2 If Lessee, in its professional discretion, determines that the effluent water is not appropriate for use on the Golf Facility and Marina Park Areas, Lessee shall provide written notice of its determination to Lessor, supported by reasonable evidence. As soon as reasonably possible, Lessor shall review and provide input with respect to Lessee's determination regarding the effluent water. For a period often (10) days after Lessee receives such input from Lessor, Lessor and Lessee shall work together in good-faith to resolve any issues concerning the use of the effluent water on the Golf Course and Marina Park Areas. At all times during and after the above-described process, Lessee shall be obligated to use effluent water only in such a mix with domestic water as Lessee determines in its professional discretion is appropriate for use on the Golf Facility and Marina Park Areas. 7. Marina Park Par Course Maintenance. If Lessor installs the appropriate irrigation infrastructure to access the effluent water in the Marina Golf Course Lake, and such irrigation infrastructure extends to the Marina Park Par Course (the "Course"), then commencing as of the date such infrastructure is complete, Lessee shall maintain (at an annual cost not to exceed $5,000.00) the Course in the same fashion as and with the same level of care required with respect to the Marina Park Areas. 8. Indemni and Waiver. Lessor and Lessee acknowledge and agree that Lessee shall have no responsibility or liability for any claims arising from Lessee's performance of its duties and obligations under Sections 4 and 7 of this amendment, unless Lessee was grossly negligent in the performance of such duties and obligations. Lessor waives all claims against Lessee to the extent covered by insurance. Lessor further waives all claims against Lessee unless such claims arise out of gross negligence by Lessee. Lessor shall indemnify, protect, defend and hold harmless Lessee and its predecessors, successors, affiliates and assigns from and against any and all actions, causes of action, costs, claims, liabilities, losses, damages, fines, penalties and expenses of whatever kind or nature caused by, arising out of, resulting from or related to Lessee's performance of its duties and obligations under Sections 4 and 7 of this amendment, unless caused by the gross negligence or wilful misconduct of Lessee. 9. Force Majeure. The time period for Lessee to perform and complete its obligations under this amendment shall be extended one day for each day Lessee is unable to perform any work on account of any of the following circumstances: unavailability of or delay in delivering the Seashore Paspalum sod; strikes; labor troubles; materials shortages; weather and wind conditions; acts of God; war; acts of terrorism; unavailability of utilities; fire; and evacuations. 10. Further Assurances. In addition to the obligations required to be performed under the Lease, as amended by this amendment, Lessee and Lessor shall perform such other acts, and shall execute, acknowledge andlor deliver such other instruments, 7185000185-1283547.4 -3-