Professional Documents
Culture Documents
Assignment. This Agreement and the obligations and benefits created thereby inure only
to the benefit of the Golf Course Owner. This Agreement, and all rights, obligations, and
duties imposed thereby, is not assignable by the Golf Course Owner to any other person
or entity without the express written prior consent of the Association. Any purported
assignment of this Agreement without the express written prior consent of the
Association shall be void ab initio. Nothing herein shall preclude an assignment by the
Association to the Golf Course Owner of its right to collect the Assessment. The
Hold Harmless and Indemnification. The Association is assuming no duty hereunder for
the operation or maintenance of the Golf Course, or the safety of the members or guests
of the Golf Course Owner who may use the Golf Course. Absent the gross or willful
negligence of the Association Golf Course Owner agrees to indemnify and hold harmless
the Association, its directors, officers, and agents from and against any and all claims,
causes of action, disputes, demands, and liabilities arising in any way from any claim or
demand asserted against the Association for any failure to maintain the Golf Course or
any portion thereof at its present level by the Golf Course Owner, any claim for injury or
damage occurring to any guest, member or invitee of the Golf Course Owner who may
use the Golf Course in any way. The obligations under this paragraph include the
obligation for attorney’s fees and costs, through trial and appeal, which may be incurred
by the Association. The Golf Course Owner shall have a duty to defend the Association
in any claim, suit, cause of action, or event arising out of this Agreement and the
Amendment. The Association may tender defense in writing of any such claim, suit,
cause of action, or event, and the Golf Course Owner shall accept such defense. The
Association is not required to tender such defense, and its non-tender of defense in no
way waives, releases, discharges, or modifies the Golf Course Owner’s duty to hold
harmless and indemnify the Association as provided for by this paragraph., provided
however in the event of non-tender by the Association the Golf Course Owner has the