AGREEMENT
Exhibit
10.2
This
Agreement is entered into between Xxxxx Xxxx and 99¢ Only Stores (the "Company")
to set forth in writing certain prior agreements between them.
With
respect to each guaranty (collectively, the "Guaranties") entered into by the
Company on behalf of any entity acquired in December 2000 by Universal Deals,
Inc. and Universal Odd's-n-End's, Inc., Xxxxx Xxxx has agreed, and hereby
confirms his agreement, to indemnify and hold harmless the Company and each
of
its subsidiaries, successors and assigns from any liabilities, losses,
penalties, damages, costs and expenses (including reasonable attorneys fees)
suffered or incurred by any of them in performing under the Guaranties. In
addition, Xxxxx Xxxx has agreed, and hereby confirms his agreement, to indemnify
and hold harmless the Company and each of its subsidiaries, successors and
assigns from any liabilities, losses, penalties, damages, costs and expenses
(including reasonable attorneys fees) suffered or incurred by any of them as
a
result of the winding up of the affairs of Universal Deals, Inc. and Universal
Odd's-n-End's, Inc., including any claims or lawsuits arising out of
this,
Xxxxx
Xxxx has further agreed, and hereby confirms his further agreement, to directly
pay any amounts or otherwise satisfy any liabilities or obligations under the
Leases prior to any requirement by the Company to do so pursuant to the
Guaranties.
This
Agreement was first set forth in writing in approximately April 2004 to confirm
these prior agreements. As a result of the original written agreement being
misplaced, it is being re-executed on August 5, 2005.
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/s/
Xxxxx Xxxx
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Xxxxx
Xxxx
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I
have read the foregoing Agreement
and
hereby consent to its terms:
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/s/
Xxxxxx Gold
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Xxxxxx
Gold
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Date:
August 5, 2005
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