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94-090 Ordinance
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94-090 Ordinance
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1/14/2014 3:15:51 PM
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North Olmsted Legislation
Legislation Number
94-090
Legislation Date
9/20/1994
Year
1994
Legislation Title
2
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A A <br /> <br />(c) All fixtures, equipment, motor vehicles, furnishings and other <br />personal property of Seller which is used or useful in connection <br />with the Club or the facilities or operations thereof, including, <br />without limitation, the personal property specifically described on <br />Schedule 1.1(c) attached hereto; <br />(d) All inventory which is used or useful in connection with the Club <br />or the facilities or operations thereof, which is in stock as of the <br />Closing including but not limited to the inventory described on <br />Schedule 1.1(d) (the "Inventory"); <br />(e) All of Seller's right, title and interest in and to the name <br />"Springvale"; <br />(f) The right as against the Seller to be substituted, or to have a <br />designee of the City substituted, as the permittee under all of the <br />Seller's State of Ohio permits to sell beer and liquor, including, but <br />without limitation, the Seller's [D-5] permit; <br />(g) All contracts and leases entered into by the Seller with respect to <br />the Property, the assignment of which has been requested by the <br />City, except that no obligations or duties assumed by the Seller <br />under any such contract or lease shall be assumed by the City <br />unless the City shall expressly agree thereto, which contracts and <br />leases are specifically described on Schedule 1.1(g) attached hereto; <br />and <br />(h) All deposits held by Seller relating or pertaining to events held at <br />the Club after the Closing. <br />1.2 There are specifically and expressly excluded from sale and <br />reserved to and retained by the Seller: (a) cash on hand and in banks; (b) accounts <br />receivable and bills; (c) dues and other debts owing to the Seller; (d) rights in contracts <br />not assumed by the City; (e) all corporate minute and stock record books; and (f) all of <br />the memorabilia and pictures which are on the walls of the ballroom and clubhouse <br />facilities. Notwithstanding the foregoing, Seller agrees to leave the pictures referenced <br />in (f) above in place. The City covenants and agrees to deliver such pictures to Seller <br />if the City sells the Property or otherwise elects to remove the pictures from the ballroom <br />or clubhouse. <br />1.3 The City agrees to assume the liabilities and obligations of Seller <br />or the Club which arise under those contracts or leases that are listed on Schedule 1.1(g), <br />attached hereto. <br />2 <br />
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