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<br />~J <br />In the event that RIVER VIEW does not at all times during <br />the term of this Agreement or any extended term thereof maintain <br />and continuously operate a regulation 1S-hole golf course open <br />to the public, CONCESSIONAIRE may terminate this P.greement; pro- <br />vided, however, that Acts of God, including without limitation <br />inclement weather, flooding, earthquake damage, winds, and other <br />similar calamities, or acts of war cured within six (6) months <br />after the occurrence thereof shall not constitute a failure by <br />RIVER VIEW to so maintain or continuously operate. <br />In the event of a cancellation or termination of this <br />Agreement prior to the expiration of its term or any extended <br />term thereof by reason of acts of CONCESSIGPIAIRE, or upon the ex- <br />piration of its term or any extended term thereof, RIVER VIEW <br />shall pay to CONCESSIONAIRE the unreimbursed balance with accrued <br />interest, if any, as and for the real. property improvements and <br />real property fixtures constituting the restaurant facility and <br />"half-way house"; provided, however, that payment-shall be made <br />out of the proceeds of the continuing operations of the restaurant <br />and/or."half-way house" facilities only at the rates set forth in <br />Paragraphs 4(c) and 5 hereinabove. <br />In the event of a cancellation or termination of this <br />Agreement prior to the expiration of its term or any extended <br />term thereof by reason of the acts of RIVER VIEW, including its <br />failure to maintain and continuously operate a regulation 18-hole <br />golf course, or a termination by reason of a relocation of the <br />starting point as more fully described hereinafter, RIVER VIEW <br />shall then pay to CONCESSIONAIRE the unreimbursed balance with <br />accrued interest, if any, as and for the real property- improve- <br />meets and real property fixtures constituting the restaurant <br />facility and/or "half-way house" within ninety (90) days after <br />any such cancellation or termination, and ire addition, shall pay <br />to CONCESSIONAIRE the fair market va3_ue of the trade fixtures, <br />equipment, and inventories contained in said restaurant facility <br />-19- <br />