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agreement, under no circumstances will hazardous materials be <br />disposed of at the golf course. <br />17.2 Indemnification of Hazardous Materials. Contractor shall <br />indemnify, defend, and hold City harmless from.any and all claims, <br />judgments, damages, penalties, fines, costs, liabilities, or losses <br />which arise during or after the term of this agreement because of <br />the contamination by hazardous materials as a result of the use or <br />activities of Contractor, his agents, employees, contractors, or <br />invitees. The foregoing indemnity shall survive the expiration or <br />earlier termination of this agreement. <br />a }r 18. Utilities. Contractor shall be responsible for payment of all utility services <br />0 S to the golf course and golf course facilities during the term of this <br />a reement. f there are major unavoidable increases to water age <br />related o a re of existing imga MV on em main ir or va vet, City agrees <br />19. Irrigation. City shall provide consultation to Superintendent employed by <br />Contractor and. as described in Exhibit B. City shall contribute to repair of <br />system in an amount not to exceed $10,000.00. Contractor shall negotiate <br />payment terms of Net 30 for all work that shall be reimbursed by the City. <br />Contractor shall then invoice the City for this work and City shall make <br />payment to Contractor within 10 days of receipt of this invoice. <br />20. Assignment. Contractor shall not assign this contract, in whole or in <br />part, or any right or obligation hereunder, without prior written approval <br />from the City, which shall not be unreasonably withheld. In the event of <br />an assignment, Contractor shall remain liable for performance under this <br />contract unless expressly released by City: <br />21. Payment to City. Contractor shall make payments to the City in <br />accordance with the following schedule and amounts. City shall invoice <br />Contractor 30 days prior to amount due. <br />Year 1: $0.00 <br />Year 2: $2500.00 due on October 15, 2008 <br />Year 3: $5000.00 due on October 15, 2009 <br />Year 4: $7500.00 due on October 15, 2010 <br />Year 5: $10000.00 due on October 15, 2011 <br />22: Attorney Fees and Costs. In the event action.is commenced to enforce or <br />interpret any of the terms of this Agreement, including but not limited to, any <br />action or participation by Contractor or City in, or in connection with, a case <br />orproceeding under the Bankruptcy. Code or any successor statute, the <br />prevailing party shall be entitled to recover all expenses reasonably <br />incurred . at, before and after trial and on appeal and review, whether or not <br />taxable as costs, including, without limitation, attorney fees (including <br />estimated fees to collect a judgment entered in favor of the prevailing <br />party), witness fees (expert and otherwise), deposition costs, copying <br />