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<br /> Golf Centers, LLC shall not be permitted to be transferred or assigned without written
<br /> approval by the City.
<br /> 13. USE OF FACILITY AND COMPIANCE WITH LAWS: During the term of this
<br /> Agreement and subject to the provisions of this Agreement, the Facility shall be open to
<br /> the public and operated on a daily fee basis unless otherwise provided and agreed to in
<br /> the Annual Budget and Program. Premier Golf Centers, LLC shall keep a log of all play
<br /> (including any complimentary play, gift cards, and outing play) on the golf course. The
<br /> log shall be subject to review by City. Premier Golf Centers, LLC will comply with all
<br /> applicable federal and state laws and City ordinances and with applicable directions,
<br /> rules, and regulations of public officials and departments in the enforcement of City
<br /> ordinances and with directions, rules and regulations from the State of Washington or
<br /> from the United States with respect to any portion of the Facility.
<br /> 14. EQUALITY OF TREATMENT: Premier Golf Centers, LLC shall conduct its business
<br /> in such a manner which assures fair, equal and nondiscriminatory treatment at all times
<br /> and in accordance with all applicable, Federal, State and local laws and specifically with
<br /> regard to:
<br /> A. Treatment of customers in providing merchandise and services under the
<br /> provisions of this Agreement;
<br /> B. Treatment and hiring practices of staff under the provisions of this Agreement;
<br /> and
<br /> C. Selection of sub-consultants, subcontractors and vendors under the provisions of
<br /> this Agreement.
<br /> 15. LIENS AND ENCUMBRANCES: Premier Golf Centers, LLC shall keep the Facility
<br /> free and clear of any liens and encumbrances arising or growing out of its use and
<br /> occupancy of the Facility. At the City's request, Premier Golf Centers, LLC shall furnish
<br /> the City written proof of payment of any item, which would or might constitute the basis
<br /> for such a lien on the Facility, if not paid.
<br /> 16. INDEMNIFICATION AND LIABILITY: Except as otherwise provided in this Section,
<br /> Premier Golf Centers, LLC hereby agrees to defend and indemnify the City from any and
<br /> all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or
<br /> conduct by Premier Golf Centers, LLC (or its officers, employees, agents, representatives
<br /> subcontractors/sub-consultants) relating to this Agreement. Premier Golf Centers, LLC's
<br /> defense and indemnification pursuant to this paragraph is not in any way limited to, or by
<br /> the extent of, insurance obtained by, obtainable by, or required of Premier Golf Centers,
<br /> LLC. Premier Golf Centers, LLC shall not indemnify the City for Claims caused solely
<br /> by the negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim, and (2)
<br /> the bodily injury or damage to property for which Premier Golf Centers, LLC is to
<br /> indemnify the City is caused by or results from the concurrent negligence of (a) the
<br /> Premier Golf Centers, LLC, its officers, employees, subcontractors/subconsultants or
<br /> F agents and (b) the City, then Premier Golf Centers, LLC's indemnification shall be valid
<br /> _x and enforceable only to the extent allowed by RCW 4.24.115. Solely and expressly for
<br /> the purpose of its duties to indemnify and defend the City, Premier Golf Centers, LLC
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