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..._ M._. _ _ _,~ w. _.... . ~>v_ ,~~,w..~ ~. _ ... _ .. <br />This Agreement is contingent upon the aforementioned Purchase Agreement and should said <br />Agreement be declared void and cancelled by a Court of competent jurisdiction for any reason <br />whatsoever, then this Agreement shall be cancelled and void and not in force, notice to City being <br />specifically waived by City. <br />(4.) The parties hereto mutually agree that the City shall retain all income from the operation <br />of said business and shall pay all expenses of the business from said income. <br />(5.) City agrees that it is in full charge of the operation of the ballroom and country club and <br />Biddulph's liquor license, and therefore if there are any violations of the Code of Regulations of the <br />Ohio Department of Liquor Control or any suspensions of fines as a result thereof, City agrees to <br />defend against any violation or citations and to pay any fines incurred as a result of said violations, <br />fines or suspensions. <br />(6.) City is to pay in addition to all expenses of the business, all taxes resulting from the <br />operation of the business, including but not limited to the following taxes: sales tax, social security <br />and withholding taxes, unemployment compensation and city income taxes. Since City is purchasing <br />the ballroom and country club, and operating same, City hereby specifically agrees and does hereby <br />hold Biddulph harmless from any and all taxes for which Biddulph may be liable, unless otherwise <br />provided in the Purchase Agreement. <br />(7.) City shall indemnify and hold harmless Biddulph from any and all liability, damages, <br />actions and causes of action whatsoever resulting from the management and/or operation of the <br />ballroom and country club herein mentioned under this Agreement and agrees to defend any cause <br />of action and pay any judgment and costs incurred as a result of any action brought against Biddulph. <br />IN WITNESS WHEREOF, the parties hereof have executed numerous copies hereof, each <br />of which may serve as an original, on the date and at the place above first written. <br />WITNESSETH: <br />w~ <br />C ~.~,... <br />WITNES SETH: <br /> <br />Approved as to legal form: <br />~~~ <br />Michael R. Gareau, Director of Law <br />BIDDULPH, INC. <br />By: ~ <br />~~~e~ ~ • X~c~l' <br />,. <br />By: <br />CITY OF NORTH OLMSTED <br />- % <br />By: / <br />Edward Boyle, Mayo~~ <br />~-~- <br />