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HomeMy WebLinkAbout2189 ~ S. A. The ProPrietw sgrces that no otha mschines of the same kind will be used or permitted to operate in the above desuibed premises during the te?m of this Ag?eema?t, and thst s vioiation of this provis7on shs~~ be deemed a materi~l breath of ihis ABreement, it beinQ ths i~tention of tAe paRies thst ~ths Compsny's machines ss Ixrein set out be used exclusively in said p~emises. i w . ~ 8. It is the intention oi the parties thst the definitio~ of "mathines of the same kind" ss set out in psra~raPh 5. A. sDove. be interpreted ss fol lows: ~ i. If a music roschine is D~~ Premises by the CompsnY under the tertns of this I1Q?eert?ent, then the Proprietor shsll not use, : opente or permit to be ope?ated upon ssid premises, any other machi~es which play musie or which show pictures in conjunction with playing musiC. ~ ~ ii. Ii an amusement Qame is ptaced on the prcmises by the Company undet the terms of this Agreement, tAet~ the Proprietor shall not use, ope?ate or permit to be operated upon ssid premises, any other smusement game machines. - ~ iii. If a cigsrette machine is place on the Dremises by the Company under the terms of tAis Agreeme~~ then ths Proprietor shall not use. opente or pernnit to be operated upon said premises, any other machines wAich d~spense cigarettes and the Proprietor further aQraes tMt no ciQa?ettes ' will be sold in said prcmises other than througA the CompanY's cigarette vending mschines durina the term of this AgreemenL The said commission rate is to remain ths same W the Proprietor, during the term of this /1Breement even ii the sates price per pack of tiQarettes is ineressed to tha public. In the event the wlalesale price of cigsrcttes is increased by the manufacturer w other source snd such inc?ease assessed aBainst ths Company without sn equal inuease in the retail selling price of cigar>ttes, the Proprietor sgrees thst such an increase in cost shatl be deductcd trom his oommission. In any event, the sab price fo? cigarettes soW Aereunder shatl at all times be detertnined by the CompanY. 6. In U?e event of a breach of any oi the terms of tAis Agreeme~t by the Proprietor as pertains to music machines and amusement Qame machines, the parties herewith a8ree that it would be impossibte to axertain tAe exact damages of the Company and tha parties hercby aQrea that the Company shati bs entilled to recover frim ths Pnp?ietor as a::d tor ~iQuidsted daafaie~ a sum oi money eGwt to the oumbe~ of weeks remain~ng under the tertns ot tms oonvsc~ mulup~leo oy seveotY per cent (7056) or the avc?aes v~eekb ~ncome oe^ved dY u~ ~P~ny irom the collections trom musie machines and amusement game machines up to the date of the breach of this Agreement by the Proprietor. 7. In the event of a breach of sny ot the terms oi this Agreement by t1~e P?oprietw as pertains to cigarette machines, the parties herewit}~ sgree that it would bs impossible to asce~tain the Company's enact damages and the parties hercby agree that the Company shatl be enUded to recover from the Proprietor as and for liquidated damsges a sum of ma~ey equal to the num~e? of wecks remaining u~der the term of this contract, mWtiptied by twelre per cent (12%) of the average of ths gross sales lrom said cigarotte vendin8 machi~es up to the date of ths breach of this AgreemenL 8. In the event the Proprietor Dreaches tAe exclusive po?tion of this AH~ment Dy placing any other similar mschines ln the premises, then the Company, at its opGon, may apply for and obtsin an injunction, without notice, from the Circuit Court or any other Court oi approprlsle jurisdietion, which said injuntYron shall enjoin the~Proprietor irom ptacing w~permitting the operation of any other similar type machine on the premises. This remedy shall be in addition to the CompanY's right to sue ia liQuidated damages~ as herein set forth. 9. This Agreement shatt be bindinQ upon the parties hereto, their heirs, sutcessors, exetutors, edministrators and assigns, and Shall be freety as- _ signable bY the CanDanY. snd the Proprietor does hereby represe~t that in the event the Proprietors business is sold or transferred, the Proprietor will ~otify the CompanY at least five (5) days befora final closing, that tAe purchaser or transieree shall be notified oi the existence snd obligations of this Agreement, and no sate shsll be made by the Proprieto~ unless the Proprieto? secures an assumption of this Agreement by the purchaser. In the eveM the Proprietor moves from the place heretofore designated as the Proprietors ptace of business, this Agreement shatl remain in full force aod elfect.~ 10_ This Agreement shall be for a term of five (5) years irom the date tereof. At the expiration ot said term, this /lgreement shall become operstive ~ for an adCitional term of five (5) years, unless eithet party shall serve upon the other, by registered mail, in writing, a Notice ot Csncellation of this ; Agreement Such Notice of Cance~iatioa must be so served at least thirty (30) days prior to the termination of this Ag?eement w any renewal thereof. Upon ~ the renewal oi the term of this Agreement, said ?enewal shall be upon the same terms and conditions of this Agreement, e~ccept the Company shall not i be obligsted to laan sny monies to the Proprietw ot pay any bonus to the Proprietor. ! g il. In the event the Proprietor bresches this /1Yreerteent a:~d the Company files s suit for damsges as hereinabove set ou~ w for injunction as set g out herein, then the ProPrietor shall be liable for reasonsble attomry's fees to any sttomeys tt?e Company may retain to brinQ ssid suit 12. The Pmprietw shatl and will use every P?ecaution to prevent the ~ng. Piliering, damaQing, theft or dertrutiion ot the Canpany's m?~hine ur m~cmnes insca11e0 In sa~u piace of ousiness by the Company under Uie tetms of this Agreement, and said Proprietor shall and will with due snd resso~sble D~p~~ ~ise and noGfy the Compsny of sny eflort or attempt o~ the part of anyone wtamsoeve~ to rob, Dilfer, dsmage. destroy or stw~l any part of the Company's machines or the contents theerof. Should any loss or damage to any mschine or its contents occur throuQh the fsult ot the Proprietor, the amount of such damsge w loss shall be immediatey paid by the Proprietw to the Company. Should sny bss or damsge to sny mschine w ;ts oontents occur other thsn through the fsult of the Proprietor, w other ihan through ordinary and normal usage of said machines or mschine, tha amount oi such dsmage or loss shall be trorne equally by the Proprietor and the Company. In the event the Comps~y shoutd at sny time during the term ~y of this IlBreement deem that its machines being teased hercin are being misused, jeopardized or neglected by the Ptoprietor, or that the sales made in ~ the coinoperated machines and t1e revenue derived thercirom are inadequate and not in accordance with the Company's minimum requircments, tl~en. ~ and in that event, the Company shall have the option to forthwith terminate this Agreement a~ the Praprietor shall forthwith pay to the Company any monies due snd owin8 from the Proprietor to the Company. ~ 13. Should any part of this Location Lease Agreement for any resson be declared invalid, such decision shsll not aHect the vslidity of any re- maining portion, which rcmaining portion shall rcmain in force and effect as if this Location lease Agreert?ent had been executed with ths invstid portion thereot eliminated. ~ lI. The parties herewith agrce that the Company shall payr all taxes imposed Dy the United Ststes of Americs or by any State, Countp or Muniei- - pality w other governme~tel body upon or against said coinoperated machines instaUed and opera~ed by the Company in the Proprietor's place of Dusi- ness he?eunAer, except income Wxes and SWte of Flo?ida sales tax, it being agreed betvreen the parties thst all future taxes wbsaquent to Me date of ~ this Agroement imposed bY tAe United States of Americs, or arry State. County or Municipatity or other govemments~ body upon or agai~t canopetatad ~ m~thines instailed snd operated bY tAe Compsny in said place of business hereunder. shall be borne epwlly between the COrtipany snd U1s PfOprilWf. ' to tl~e ~tent that this AQreement to bear equalry said burden shall rat be prohibited by law. ~ FIlEO t~NG RECQROEO ST LUCIC GJUN?r FU. ~ ROGE~ ~ u~iRAS ~ CLERK C~~~CU1T COURT ~ ~ RECO~fl V"~: rtEO~ ~ , .~l~i Z8 I 35 PH'7Z ~ ~ ~ ~3 PAr.r21~ 23223 ~ R~,~~ '7 ~ - ~ ~ ~ µ ~ ~ ~ ~ . . ..c, ~7-'~.~ ,..G . .y' ,e . . . .