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County shall cooperate with SMGFB in obtaining such licenses and permits. Notwithstanding <br />anything herein to the contrary, SMGFB shall not be deemed to be in default hereunder if approval of <br />SMGFB's application for an alcoholic beverage license is not issued prior to the commencement of the <br />Term provided SMGFB has diligently proceeded to apply therefor and to pursue such application <br />process. In that regard, SMGFB agrees to file such application within five (5) days of the execution of <br />this Agreement. If the SMGFB fails to obtain the alcoholic beverage licenses prior to the Term, SMG <br />shall have the right to terminate this Agreement. <br />B. Suspension or Revocation of Licenses In the event SMGFB's authority to <br />operate under its alcoholic beverage license is suspended or revoked as a result of SMGFB's actions <br />(and not the result of the actions of SMG or the County, or any other reason which is not in SMGFB's <br />control), SMGFB will be considered in default of this Agreement as provided herein. In event of the <br />suspension or revocation of such license as result of the actions of SMG or the County, or any other <br />reason which is not in SMGFB's control, SMG shall have the right to suspend SMGFB 's rights <br />hereunder only with respect to the provision of Alcoholic Beverage Services which otherwise would be <br />allowed under the suspended or revoked license, so that SMGFB shall continue to provide the Services <br />in all other respects. SMGFB may, within thirty (30) days after suspension or revocation of the <br />alcoholic beverage license and at the cost and expense of SMG (except for those costs and expenses <br />which would have otherwise not been incurred but for the actions of SMGFB as described in the first <br />sentence of this Section 12B), retain a third party which is reasonably acceptable to SMG and which <br />possesses the right to operate in any area requiring Alcoholic Beverage Service until SMGFB's rights <br />shall have been reinstated. <br />C. Payment for Permits, Licenses, and Taxes SMGFB shall pay all Federal, State <br />and local license and permit fees and collect, withhold, remit, and /or pay for all sales, use and excise <br />taxes and compensation taxes relating to the provision of the Services. Any and all costs and expenses <br />incurred by SMGFB in connection with the foregoing shall be deemed an Operating Expense <br />hereunder. <br />13. LAWS AND REGULATIONS. <br />Except as otherwise provided herein, SMGFB shall observe and comply, at its own <br />expense, with all applicable Laws (including without limitation, the requirements of Title I of the <br />Americans With Disabilities Act); provided, however, that, notwithstanding anything to the contrary <br />contained herein, all structural modifications to the Facility, or any part thereof, required by any <br />applicable Laws, including without limitation Federal or State Occupational Safety and /or Health Acts, <br />Titles II or III of the Americans With Disabilities Act, and building construction codes, have been or <br />shall be made by the County, and such modifications shall not be made at SMGFB's expense or <br />liability. <br />14. INDEPENDENT CONTRACTOR. <br />SMGFB and the County are and each shall be deemed an independent contractor with <br />respect to this Agreement. Neither SMGFB nor the County is in any respect acting, nor shall either of <br />them act, nor shall any person connected with either of them represent itself as an agent or employee of <br />the other. <br />Attachment number 1 <br />F -3 Page 80 <br />