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Home My WebLink About2191 S. A. Ths Proprietor s~rees tRat no otMr mschines ot ths sams kind will be used or permitted to opente in ths abOw desc?ib~d pramises durir?s the term of this ll~reemenf. ~nd thst s viotation ot Nis provis'ron shsll bs dqemed a material breacA of this l1`neme~~ it bein~ ths intention of ths paRies that the Compsny's machines u Mrcin set out be used exelusiveb tn ssid premises. B. It is the intention of ths parties thst tAe definition ot "msehinss of ths ssme kind" as set out 1n pars~?aph 5. A. sbove, be interyreted as iollows: i. If a music machina Is placed on ths premises by the Company under the tertns ot this Il`reement, then the Proprieta shstl not use. operats w permit to bs operated upoo said premises, snr other mschines which play music or whieh sAOw pieturos in eonjunctio~ with playin` music. ii. If an amusement gsms is placed on tAe premises by the Company under the temu of this /?~reemenf. then tM Proprietor shall rat use, ope?ste or permit to be operated upo~ said premises. any othe? smuseme~t gsme msehines. iii. Ii a CiQarotts maChina is Plsoe on the D?emises by ths Company unde~ the tetms of this /ljreenlent, tM~l tAa Proprktor shall nOt use. opents w permit W be operated upon said premises, any other machines whlch dispense ciQarettes and the ProprieLa further ~s that no ciQarottes will be sotd in said promisss other than througA the Compahy's ei;arotte vendlnQ mschines duriri~ the term of this /1~rcenfenL The ssid oommission nte is to remain the same to the Proprieto?. durinQ tAS term ot this lljreement eYen if tAa sales prite pe? pack of clqrettes 1s inc~eased to ths publie. In the event the wholesaie price of cigarettes is incressed by tAs manufscturor w other source and such inc~sass sssessed apinst the Compamr witAout ~n epwl increasa in the rotail sellin~ price of ciQarottes. ths Proprietor sgrees Nat such sn incroase in oost shsli De deducted fram his oommissan. In anr even~ the ssls price for ciQarettes sold hereunder sAslt at sll times be detertninad by the Company. 6. In tl~e eve~t of a breach oi any of the terms of this Agrcement by tAe Praprietw as pertains to music machines and amuaeme+?t pm~ mschines, the puties herewith agree thst it would be impossible to ascertain ths exact damsges ot the Compsny and the parties hercby sQras that ths Company shsll ba eotitled to reaover from ths Proprieto? as and iw liquidated dsma~es a sum ot money equsl to the 'numDa~ of weeks remaininQ undar ths brms of this contrsct. multiplied by sevenb per cent p0%) ot ths aversQe vreekry inwme derived by the Companr from tha oollections irom music rosehines and amusement game mschines up to ths date of the bresch of this /larcement by the Proprietw. 7. In the event of a breach of any ot the terms ot this AQreement by the Proprietor as pertsins to ciQarette mschines, ths panip herewitA aaros that it would be impoasibb to ascertain the Company's exact damages and the parties hercby sgree that the Company shall be entitled to ?swver fran the Prop?ietor as snd tor liquidated damsQes s wm of money eqwl tp ths number of rreeks remaining urMer tha term o( this contratt, multipliad Dy twetve per tent (12%) ~~~era~e ot ths Qross sales irom said ci~srotts vending machines up W the date ot the breath of this /lareemenL 8. 1~ the event the Proprietor breaches tAe exclusive portan of this ~?S~eement by plscing any other similar machines in the pranises, then the Company. at its option, may appry tor snd obbin sn inju~ction, without notice. from the Circuit Court or any other CouR of ~ppropri~te jurisdiction, which said lnjunction shall eojoin the Proprietor from placing or permittir?Q ths ope?ation of sny other similar type mschir?e on the prcmises. This remedy 5 sha11 be in sdditipn to ths Companys ~jRht to sue for Iiquidated damages as herein set torth. ~ _ . ? 9. This AYreement shall be bindirla upon the psrties heteto, their hei?s, sutceswrs, executors, administratots and assigns, snd shail bs fteely as- # s~gnaDle by the CompanY. and the Proprietw does hereby represe~t that in the event the Proprietor's business is sold or transierrod. tha Proprietor will notiy tl~e Company at least frve dsys before final closing, thst the purchaser or transfe?ee shall be notified ot the existencs s~d oDligations of this Agrcement, and no sale shall be made by ths Proprietor unless the Proprietor secures sn assumption of this I1Qrcement by the pwehaser. In tAe.avent ths i Proprietor moves from the plsce heretofae designated ss the Proprietor's place of business, this Agreement shsll remain in full force snd effect I ` ~ 10. This Ag~ecment shall be for a term of five (5) yesrs trom the date Gereoi. At the ezpiration of said term, this Agrsement shall beCwoe operativs ~ for an add~tiooal term of five (5) Years, unless either party shall serve upon tAe other, by registered mait, in writing, a Notice oi GneellaWn of this E Agreement. Such Notice of CanuUation must be so served at ksst thirty (30) days prior to tl~e termination of this Agreement or any renewal thereof. Upon E the renewsl of the term oi this Agreement, said renewal shsll be upon the same terms and conditions oi tAis Agreement, except the Company shall not ~ be obliQatcd to loan sny monies to the Proprieto? w pay sny bonus to the Ptoprietor. 11. In ths event tAs Proprietor breaches thiS Agreeme~t and the Ca»pa~Y files a Suit tof damsges as herelnsbove set out, or for (njYnction ~s sat out hercin, then ths Ptaprietor shall ba lisbte for reasonable attorney's fees to aml attomeys the CompanY may retain to brina said suN. 12. The Prop~etor shsll and will use every precaution to p?event the robbing, piHering, damagi~g, theit w destruction ot the Compsnys mschins or mschinas instalbd in said place ot business by the Cornparry under ths tem?s of this Agreement, and ssid ProprieW? shall and will with due end ressonable promPtness advise snd ratiy ths Company of any etfwt or attempt on the part of anyone whomsoevsr to rob, pilfer. damaae, destroy or sis~l sny put of ths Compsny's mschines or the contents theerof. Shoutd any bss or damage to any machine or its conteots occur throuQh the fwlt of ths Proprietor. the smount of wch dams~e or bss shsll be immediateh Wid by the Proprietw to the Compsny- Should aoy bss o? damaQe Ro any machine a ~ its contents occur other thsn tArou~h the fault of ths Proprietor, or other than through ordinary and rrormsl usage of said machinss or m~chine, the ~ emount of wch dsmsQs or loss shall be bome eqwly by the Proprietor snd the Company. In th! event the Company should at any tlme durir~ the term of this A~reerr~ent deem that ib mathines Deing leased herein sre being misused, jeopardized M negletted by the Proprietw, w that the saks made in the ooinopented mschir.es and ths reve~ue derived therctrom are inadequate and not in accordsnce with the Compsny's minimum roquirements, then, ~ and in th~t even~ the Compsny shslt have the option to forthwith te?minste this Agreement snd the Pro~rietw shall forthwith psy to the Company sny ~ monies due and owinQ from the Proprietor to the Company. 13. Should any paR of this Lotatiw~ Lesse AQreement fo? ~r?y reaso~ be declared invatid, suCh deCision sRall not alfett the validity oi arry re- maininQ portion, which romsinin~ portion shal~ rcmain in fonoe snd effect ss if this Locatioa lesse Agraement h~d bee~ executed with ths invalid ~ portion thereof eliminsted. ~ 14. The psrties hsrswith saree tMt the Compsny shslt psy sll tszes imposed by the United Ststes oi /lrt~eriu w by any Stste, County or Mu~ici- ~ pstibr or other ~nmentst body upon or s~ainst said coin-operated mschines installed and operated by the Compsrry in the Proprietor's plao~ of busi- 5,. rh ness Aereunde?, except income tsxes and State of Flwids ssles tax, it being sgreed between the parties that all futurs taxes wbsequant Uo tfN dab of ~ this Aareement impossd by ths United States of America. or any State, CouM~r or Municipality q otMr eovemmenbl body upon or api~t ooinopsr~trd ~ mschines installed snd opented D'Y the ComW~Y in said Plso~ of busirross hersunder. shatl be borne e4wlb bttwe~n tM Company and th~ Propri~tor. co cns e~c wc mu ~«m«,e ~o esu .awib ~~a w,rden shan not bs v~a+~b~cea er ~w• 5 t~.1 1 t ~F F L U k I U t-~ ~ ~ . i~OCUvE~1TA~"_ STA i~~ T: x - ~ f lEO ..yc nEC~RDEO ~ Z _ --f ~•n„~- ~ ~uccE c~uw Y f~~. _ e'n ~;j - Clf OCE" ~ViT CO RT ~ o _ JuN2 ~y ~ ~ REr,(1~ry ~ ~,Ep t/~ V i:~~r.cr etrtKUC 3 = P.B.~9o~~z - - - ~ J~ 28 I 3s PM'~Z v R n~r~ ~ B~DI( ~UJ PAGE~~g~ ~ ~a.~iG+~~ ~ , _ ~ ~ ~ ~ ~ ~ ~ 4~~ ~ A ~r-~~ _ ~ _ _ _