SANTA ANA GOLF, LLC (COURSECO, INC.)

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Contractor. Contractor shall provide a bank reconciliation report for the month. Reports shall be provided 21 days after the end of the preceding month. Until such monies or other things of value have been deposited into the City' s account and verified by the bank in accordance with this Agreement, Contractor bears all risk of loss,therefore, including, but not limited to, damage, destruction, disappearance,theft, fraud,or any dishonest, or unlawfiii act, or other hazard, irrespective of location caused by Contractor' s employees or any other person or entity within Contractor' s control. Should such an event or act occur, Contractor shall immediately notify the City' s Executive Director of Parks, Recreation and Community Services Agency and the Santa Ana Police Department, and Contractor shall prepare a report of such incident. Contractor shall notify the City of any operational changes deemed necessary by Contractor to safeguard the City' s monies or things of value. Contractor will retain copies of daily bank-endorsed deposit slips for the above deposits for a period of not less than five(5)years from the date each deposit is made. Contractor will follow all other procedures established by City for depositing daily cash/ credit card receipts. 6.2 Expenditures. Contractor is authorized to pay such amounts at such times as are required in connection with the operation, maintenance, repair, and improvement of the Facility and related facilities in accordance with any approved Annual Budget Plan and/or budget, subject to the provisions of this Agreement, including but not limited to all amounts specifically payable to or reimbursable to the Contractor as follows: the Compensation and expenses of the management staff and other employees of the Facility; and (a) all costs and expenditures incurred or made in connection with the items described in Section 3.3 and all other expenditures which Contractor is permitted or required to make under any other provision of this Agreement; (b) reimbursements and other amounts due to Contractor and Affiliates of Contractor under any provision of this Agreement; (c) premiums for any insurance maintained by City or Contractor in accordance with the provisions of Article 4 (Insurance Requirements); (d) the Management Fee, Incentive Management Fee, and Accounting Fee, computed in accordance with the provisions of Article 5. Upon request of City from time to time, Contractor shall distribute from the Operating Account to accounts controlled solely by City such funds which are in excess of the amounts requited to maintain working capital needs of the Facility and for Contractor to perform pursuant to this Agreement. 6.2.1 Excluded Expenditures. The following costs are not considered Expenditures and shall not be reimbursed or included in the Annual Budget. (a) Any penalties or fines imposed by any governmental agency, except for those penalties or fines caused by the act of omission of City or not reasonably related to the acts or omissions of Contractor. -14-