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HomeMy WebLinkAbout0549 i` - ' j . fl , ~ ~ VIII. APPORTIONMENT OF LOSS ~ (a) Apportionment or Share of Loss. Should a loss be T ~sustained as a result of the joint venture, the parties ~shall bear such loss in the same percentages as set forth ~ ~ above . I! ~ (b) Computation of Loss. In computing any such loss, ~ ; ias between the parties, deductions s~all be made from any ~ ;~assets remaining in.the same manner as computing pro£its in ; ~~the paragraph above; that is, deductions shall be made ~!to pay expenses, and any remaining sums shall be allocated t ';on a pro rata percentage basis to contributions, as set ~ ~ ~~forth above in computing profits. Should there be insufficient ::assets to pay expenses due and owing as a result of the ~ 'conduct of the joint venture, each party shall contribute to ~ . ;,the payment of such expenses in.the percentage of losses ;attributed to him in this paragraph. l ~ IX. INSURANCE I : (a) Insurance. Insurance for the joint venture shall t ';be.carried for the following items in the amount indicated: Personal liability insurance, property damage, damage ~!by fire in the following amounts: $100,000 -$300,000.00, together t ~~with what addi.tional coverage is reasonably necessary, and ' ; ~'Raytnond E. Sapp shall procure such insurance and pay the , ; ~±premiums therefor from joint venture assets. ~ , X. ASSIGNPiENTS AND TRANSFERS f . ~ i~ ~ ~ € During the term of this agreement, any transfer or ~ ; ~ I~assignment of any party's interest in zhe joiut venture of ~ ii ~ ~ithe profits thereof sha11 be subject to the rights conferred , li ~ !iherein. No transfer or assignment shall relieve any party ~ i' . 3 I~of his duties or obligations hereunder except with the ~ ~i ~ ~iexpress written consent of the other parties. All parties s ~ '!;agree that Jacob F. Vandert~taten may •assign his interest to either £ ' i: ~ ~~Jon A. VanderMaten or Judy VanderMaten, or both. - . il ~ -6- ~ ~ , HICF~ARD P. BOGOSIAN ~f ~ ?TTORNE~I AT ~Arll ii ts`9 TWENTY~FIRSTSTREET ~ vEROEEACH,ilOp10A t~i ~ ~ ~ sooK 31Q QacE 549 ~ ~