SANTA ANA GOLF, LLC (COURSECO, INC.)

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Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 12 - GENERAL PROVISIONS 12.1 Purchases by Contractor. Contractor shall use reasonable efforts to obtain the optimum combination of quality, price, and terms for all purchases for the Facility utilizing its extensive contacts and experience in purchasing golf course related items. Contractor shall not be entitled to any additional compensation for this undertaking other than as set forth herein. In connection with any purchases made by Contractor or an Affiliate of Contractor for the account of City, it is understood that Contractor or such Affiliate may perform services as a representative of the manufacturer to secure the benefits of lower costs, and that any resulting savings shall be passed on to City, including representatives' fees. In addition, all trade discounts, rebates, and refunds pertaining directly to purchases for the Facility (but excluding refunds and rebates received by Contractor in connection with purchasing or leasing related to all Other Contractor Facilities) shall accrue to the benefit of City. 12.2 Purchases from Contractor Affiliates. If any purchases of goods or services for the Facility are made from or through an Affiliate of Contractor,the charges to the Facility for such goods or services shall be on the same terms as those made to Other Contractor Facilities, and such charges shall not exceed the market prices for such goods and services. Contractor shall disclose to City the prices paid by its Affiliates for any such goods and services. 12.3 Notices. All notices and communications pursuant to this Agreement shall be addressed as set forth below or as either party may hereafter designate by written notice and may be delivered by any one of the following methods: (a)by personal delivery; (b)by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below;or(c) by deposit with an overnight express delivery service. Such notices and communications shall be deemed effective when actually delivered. CITY: City Clerk City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, CA 92701 Parks and Recreation Department City of Santa Ana 20 Civic Center Plaza Santa Ana. CA 92701 -26-