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a. Star News for league formation and membership. <br />b. Manage the current Pinewood Golf Course Facebook page but may not delete any old <br />posts, photos or videos. <br />17. Utilities and Operating Expenses. The Operator shall at its own expense be responsible <br />for the following payments and obligations: <br />a. All utilities, including gas, electric, water, cable, television, internet and telephone <br />service (intemet/telephone provided and payable to the City). <br />b. Burglar alarm and monitoring system. <br />C. Irrigation and pump maintenance and the payment of contract fees for same, including <br />winterization and annual fall blow out. <br />18. Fees. The Operator, in its sole discretion, may set the fees for use of the Golf Course. <br />The Operator, in its sole discretion, shall set the fees for tournament play. <br />19. Log. The Operator shall create and maintain a general maintenance log of all equipment <br />listed in Exhibit A, attached hereto and made a part hereof. The City may request a copy of this log. <br />20. Repairs and Replacement. The Operator shall be financially responsible for all <br />equipment maintenance and repairs. If the Operator decides to use the City for any repairs or <br />maintenance, they will be charged and invoiced for such services. This is for City equipment listed in <br />Exhibit A and for any future purchases or replacement Capital improvements and equipment <br />replacement will be agreed upon by the City and the Operator and shall be the responsibility of the <br />City. The Operator shall, however, be responsible for any repairs or replacements due to any <br />negligence or willful misconduct. <br />21. Controlling Law/Venue. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall <br />be in the District Court of the State of Minnesota for Sherburne County Minnesota. <br />22. Minnesota Government Data Practices Act. Operator must comply with the Minnesota <br />Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by <br />the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, <br />maintained, or disseminated by Operator pursuant to this Agreement. Operator is subject to all the <br />provisions of the Minnesota Government Data Practices Act, including but not limited to the civil <br />remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Operator <br />receives a request to release data, Operator must immediately notify City. City will give Operator <br />instructions concerning the release of the data to the requesting party before the data is released. <br />Operator agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and <br />volunteers harmless from any claims resulting from Operator's officers', agents', city's, partners', <br />employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected <br />data. The terms of this paragraph shall survive the cancellation or termination of this Agreement.