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HomeMy WebLinkAbout2193 S. A. The Prop~ietor sQroes that ~o otNe? machines of the same kind will be uxd w pe?mitted to operate in ths abovs dsseribed P~emises during the term oi this Agreeme~L ~~d that a violation o( this provisio~ shall be deemed a msterial brcach of this AQreement, it beint ths intentan ot the paRies thst 1M ComWnY's mschines ss herein set out be used exclusivery in said premises. 8. It is the intention of the pa?ties that the definition of "machines of the same kind" as set out in paragraph 5. A. sbove, be interpreted as fol IowS: ~ i. I( s music roschine is plsced on the premises by the CompsoY under the terms of this Agrcement, then the Proprietor shsll not use, operate w permit to be ope?ated upon ss~d premises, sny othe? machi~es which play music or which show picturos in oo~junction with playing music. ii. Ii sn amusement gsme is plxed on the premises by the Company under the terms ot this Agreement, the~ the Proprietor shall not use, opente or Pertn~t to be ope?sted upon said premises, any other amuseme~t game machines. iii, 1} s cigarotte mscAine is place on the prcm~ses by the Company undcr the terms ot this I1Yreeme~~ then the Proprietor shsll not use, operate o? permit W be opeated uPon said premises, any other machines which dispense ci~arettes and the Proprietor further agrass that no cigarettes v,r;11 pe sold in said prcmises other than through ths Company's cigarette vending mxhines during the tum of this /lgreement Ths ssid oommissio~ nte is to remain ths ssme to the Proprieta. during the term of this Agreeme~t even if the sales price per psck of cigsrottes is inereased to the pubFic. In tne evcnt the whotesale P?ice ut cigarettes is intrcssed by the msnufacture? or other soures and such increase sssessed against the Company without a.. equal incrcass in the reUit sellin~ price of cigarettes, the Proprietor sg~ees that such an incresse in cost shall De deducted irom his oommission. In any even~ the ssls prits fo? tigarettes sold hereundet shsll at sll times be determined by the Company. 6. In the event of a Dresch of any ot the terms of this ABreement by the Propristw as pertains W musie mschines and amusement Qame machines, the parties herewith agree that it would be impossible to asceRsin the exact damages ot tAe Company and the parties nereer ~ u+ac tne comwm shall Da u~titled to recover from the Proprietor as and tw liquidated damages a sum oi money equal to the number of weeks remaioing unde~ the temu ot this oontrac~ multiplied DY sevenb D~r cent (7076) of the aversge vreekty income derived by the CompanY trom the collections from music maehi~s and amusement Qame machines up to the date ot the breach oi this Agreement by the Pmprietor. 7. In the eve~t of s breath of any of the terms Of Nis /1Yreenfent by the Proprietor ss pertains to tigarette machines, the parties herewith saree that it would be impossible to asccrtain the Company's exact damages snd the parties hereby agree that the Company shall be entitled to reoove~ from the Proprietor as and iw liquidated damages a sum oi money equal to the number of weeks remaining under the term of this contnc~ multiplied by tvrelve per cent (129L) of the average of the Qroas ss~es from said cigarette vending machines up to tl~e data of the breach of this Aereement 8: In the event the Proprietor breaches the exclusive portion of this Agreement by placing any other simitar machines in the prcmises, then the Compsny, at ib option, msy apply for and obtain an injunctia?. without notite, from the Circui: Court or any other Court of sppropriate jurisdicGon, which said injunction shall enjan the Proprietw irom placing o? permitting the operation of sny othe~ similar type mschine on the premises. This remedy shall be in addition to the CompanY's right to sue for liquidated damages a5 herein Set toRh. 9. This Agreement shall be binding upon the parties hereW. their heirs, sutcessors, exetutors, administratots and assigns, snd shall be trcely ss- signable by the Comprny, and the Proprietw does herebY KP«~nt that in the event the Proprietor's business is sold or transferred, the Proprieto? will notify the Compf~ry st least fire (5) daYS be/ore fi~al closing, that the purchaser w transferee shall be notified of the existence and obligaYwns of this Agreement~ and no wle shsll be made by the Proprietor untess the Proprietor secures an assumption of this Agreement by the purchsser. In the event the f Proprietor moves trom the D~ace heretotore designated as the Proprietors place of business, this Agreement shall remsin in futl force snd effect. 10. This Agreement shatl be for a term oi five (5) yesrs irom the date hereot. At the expiration of said term, this Agreement shall become operative j for an sdditionsl term of five (5) years, unleu either party shatl serve upon the other, by ?egistered msil, in writing, a Notice of Gnceltstion ot this i Agreement Such Notice of CanceUation must be so served at least thirly (30) days prior to the termination of this Agreement or any renewal thereot. Upon the renewal oi the term of this Agreement. said renewsl shall be upon the same terms and conditions of this Agreement, except the Company shall not ~ Ce obligated to loan amr monies to the Proprieta or pay amr bonus to the Proprietor. ~ 11. In the event the Proprietor breaches this Agreement and the Compa~y files s suit for damages as hereinabove set out, or fw injunetion u set ~ out herein, t1~en ths Proprietor sNall be liable for roasooabb sttomey's fees to sny attomeys the CompanY may retain to bring said wit 4 ~ 12. TAe Ptoprieto? shall and will use every precaution to prev~ent the robbing, pilfering, damaging, theft or destruction of the Company's mathine , or machines installed in said plscs of business by the Compamr under the terms of this Agreement, and said Proprietor shsll snd will with due and _ reasonsble promptness ~dvise and noGfy the Company of soy eNort or attempt on the ps?t of anyone whomsoever to rob. Pilfer. dsmage, dastroy or stes) any paR ot the Companys mschines w the contents theerof. Shoutd any bss or damage to any machine w its contents occur throuQh the tault of the ?roprietor, the amouot of such damage or bss shall be immediately paid by the Pmprietor to the Compsny. Should any tou o? dsmage to smr machine or its contents occw other than through the tault of the Proprieto?, or other than through ordinary and normal usage ot said machines w mschine, the amount of such dsmsss or bss shall be bome tqwlly by the Proprietor and the Company. In the event the Company should at any tlme during the tertn of this Agreement dcem thst its mschines being leased hercin sre being misused, jeopardized or negtected by the Proprietw, or that the saies made in ~ the coinopented machines and the rcvenue derived thercfrom are inadequate and ~ot in accordance with tAe Company's minimum requircments, t1xn. ~ and in that event, the Company shall have tAe option to fo?thwith terminate this Agrecment snd the Proprietor shall forthwith pay to the Company a~l ~ monies due snd owing irom the Proprietor to the Cornpany. ' 13. Shoutd any part of this locatio~ Lease llgreement tor sny reason be declared invatid, such decision shsll rat affect the va{idity ot any re- maining patan, which remaining portion shatl rcmain in torce snd effect as it this Location Lease Agreement had been executed with the invalid portion thlteof eliminated. ~ ~ 34. The parties herewitA agrce that tAe Comparryr shalt pay all taxes imposed by the United States of Americs w by s~y Stste, County or Mu~ici- e pality p other governme~bl body upo~ or sgainst said coinopersted machines installed and opented by the Company in t1ro Proprietor's pbce of busi- ~ ness hereunder, exceDt i~come taxes snd State oi F{orida sales tax, it Deing agreed between the parties that all future taxes wbseque~t to the date of ~ this Agteement imposed br ths Unittd States of Ameriu, or any Sbte. County o? Munitipslity w othe? govemmenLl body upon or ~sinst ooirtopersted mxhines installed ~nd ope?sted bY tAe ComWny in said plsce ot busineu hercunde?, shsll be borne eqwlly between the Company and tAe Praprietor. ~ to the extent that this A~rseme~t to bsar eqwlty said burden shall not bs pmhibited by bw. ~ ~ ~ ~ ~I~EO ~ti~- ~~~~~OE ~ :t.~t~Cit ~~l,kT1f . ~ qp~: • r_~SRI~S ~ ~;fP~. . ;tl COURT; ~ ` ~ ' AFt;b~.-: : rt~ ~ ,f~ 1~ 1 3s PM'~1 ~ 23~Z23:~ ° R 20~ FaGf 2~.~ ~ BO~Jl~ _ - ' = : . ~ ~ ' ~`',-r "'S ".3 2 ~ -•A L~+„~yw vf= Y.`_' y~~ ~~~~z~~~ ~~~*w =~"`--r. . . , . .