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Home My WebLink About2195 S. A. Ths Proprietor s~rees that no otAer msChines of ths same kind will be used w permitted to Operats in the above desCribed prsmises durinQ the term oi this I1Qraemen~ and that s violation ot this provision shall be deemed s msterisl bresch of th~s A~reemeot, tt being tAe inte~tion of ths pa~ties lhat ths CompsnY's machines ss hercin set out be used exclusively in said premises. B. It is the intention of the parties that the definition oi "machines of the same kind" as set out in psrsQraph 5. A. above. be interprcted as follows: i. If a music machine is placed o~ the premises by the Company under the terms ot this Agreement, then the Prop?ietw shall ~?ot use, operats or permit to bs operated upon said premises, any othe? mschines which plsy music w which show p~ctures tn oonjunctio~ with playing music. ii. If an amusement gsme is placed on the pRmises Ey the Company under the terms ot this Agreement, then ths Proprietor shall not use, pperate pr pertnit to be ope?ated upw~ said prcmises, any other amusemeot game mschines. iii. If a ciga?ette mschine is place on the premises by ihe Compa~y under the terms of this /?Qreement, then the Proprietor shall not use, operate or pertnit to be operated upoo said premises, sny othe? mathines whith dispense cigarettes and the PtoprietOr further aQrees that no Cigarottes wifl be sold in ssid premises other thsn througA the Compaoy's cigarotte ve~ding mschines during the te?m of thls llBreemeot 7ha ssid commission rate is to temain ths Same to the Proprietw, during the term of this Agreeme~t even if the sales price per pack of ciQuettes is inercssad to the publiC. le the event ths whotesab price of cigarcttes is increased by tAe msnufacturer or other source and wch incrcsse sssessed against the Company without an equal increase in the rotail sellin~ price of cigarettes, the Proprietor a~ees thst such an increase in oost shall Ds deducted irom his commiuion. In any event, the sale D~ro ~ cigarettes sold hereunder shatl at all Gmes be determined Dy the Company. 6. In the event of a bresch ot any of the terms of this /lgreement by the Proprietor ss pertains to musie machines and amusement gsme machinas, the pa?ties herewith sgree that it would be impossible to ascertain the e~eact damages of the Company and the parties AercDy aQrce that ths Company shaU be entiUed to reoover from ths Proprietor as and for liquidated dams~es a sum oi money equal to lhe number of weeks remaining under the terms of this contracb muttiplied by sevenb P~r cent (70Y.) of the averaQe weekty income de~ived by the Companr irom the cotlections irom music macAines and amusemeM Qams mschines up to ths date of the breach of this Agreement Dy the Proprietw. 7. In the event oi s breach of any of the te~s of this /1Qreement by the Proprietor as pertains to cigarette machines, the parties lurewith sYree that it would be impossibb to ascertain the Company's exact damages and the parties hereby agree that the Company shall be entitled to recover from the Proprietor as and for liquidated damsges a sum of money eQUal to the number of weeks remaining under the term of this contract, multiplied by twelve pe? cent (12%) of the average of the aross sales from said cigarette ve~ding machines up to the date of the breach of this /1Qreement 8. In the event the ProprFeto? breathes the exclusive pwtion of this ~?greement by placing any other similar machines in the premises, then the Company, st its option, may apply tor and obtein an injunction, without notice, trom the Circuit Court o? any othe~ Court of appropriste jurisdiction, which said injunction shall enjoin the Prop~etw irom placinq w permitting the operation ot any other similar type machine on tt~ premises. This remedy shall be in addition to the Compsny's right to we for liquidated dsmages as herein set forth. 9. This A~eement shall be ~inding upon the psrties hereto, their heirs, successors, executors, administratas and sssigns,. and shall be freely ss• signabk by the Company, and the Proprietor does hereby represent that i~ the event the Proprietor's business is sold or Uansierred, the Proprietor will nctity the CompanY at least five (5) days before final cbsi~g, that the Durchaser w transferee shall be notified of the cxistence and obligstions of this Ag~eement, snd no sale shsll be made by the Proprietor unless the Proprietor securcs an sssumption of this Agreement by the purchaser. In the event the ~ Proprieto? moves irom the place heretotore designated ss the Prop~etor's place of business, this Agreement shall remain in tull force and eftect. I i ; 30. This Agreement shall be for a term of five (5) years from the c~ate txreof. At the expiration of said term, this Agreement shall become operstive ~ for an additional te?m of five (5) years, unless either party shall serve upon the other, by registered mail. in writing, a Notice of Gncellation of this i ~ Agreeme~t Such Notice of Ca~ceUation must be so served at Ieut thiAy (30) days prior to the termination of this Agreement or any rcnewal thereof. Upon ` the renewsl of the term oi this Agreement, said renewal shall be upon the same terms and conditions of this Ag?eement~ except the Company shalt not ; be obliQated to toan any monies to the P?op?ietor or pay any bonus to the Proprictor. ~ ll. In ths event the Proprietw breaches this Agreement snd the Compa~y files a suit for damages as hereinabove set out, or for injunction as set ~ out herein, then the Proprietw shall be liabte for rcasonabb sttorney's tees to amr attomeys tAe CompanY maY ~~in to bring said suit ~ 12. The Proprietor shall and will use every precaution to prevent the robbing, pilfering, damsging, theft w destructio~ of the Company's maChirle s or machines installed in said plaoe of business by the Comparry under the terms ot this Agreement, and said Proprietor shall and will with due snd ~ ressonsble promPtness advise and notify the Company of sny efiort o? attempt on the part of anyone whomsoever to rob, pilfe~. dsmage, desUoy or stesl any psrt qf the Compa~Y's machines or the contents theerof. Should any bss or damage to any machine or its contents occur through the fsult of ths Proprietor, the amount of sueh damage or bss shall be immediately psid by the Proprietw to the Company. Shoutd any loss w damsge to amr mschine or ~ its contents occur other than throuQh the fault of the Proprietor, or other than through ordinary and rarmal usage of said machines or machine. ths amount of such damage or bss shsll be bome equally by the Proprietor and the Company. In the event the Compsrry shoulA st any time during the term ~ of this Agrtement deem thst its mschines bein8 lessed herein are Deing misused, jeopardized o? neglected by the Proprietw, or that the ssles made in ~ the coinoperated mschines and the revenue derived tAerefrom are inadequate and not in acwrda~ce witA the Compsny's minimum requircme~ts, then, and in that event, the Compsny shall have tNe option to forthwith ierminate this Ag?eement a~d the Proprietor shall forthwith pay to tAe Compsnr any ~ monies due and owing irom the Proprietor to the Company. ` 13. Should any part of this Location Lease Agreement tor any reason be declared invalid, such decision shall not affect the validity o! any re- maining po~tion, which remaining portion shall rcmain in force and eftect rs if this Location Lease Agreement had been executed with the invalid - portion Utercof eliminated. - ~ 14. The pa?ties herewith agree that the Compsny Shall pay sll taxes imposed by ths United States of Ameriu or by any Stste, County or MuniCi- pality a Other govemmentsl body upon w sgai~st said coin-opented machines installed snd opersted by the Company in the Proprietor's placa ot Dwi- ~ ness hereunder, extept income taxes and State of Florida ssles tax, it being agreed between the parties thst sll tuture ta~ces wbsequMt to Me date of s thi5 Agrlement imposed by the Unittd Statls ot Amerits, O? any Stste, County or Municipality or other QovemmenUl body upW~ Or ~iAft COi~4plr~tld ~ mschines installed snd operated by the Compsny in said plaoe of business hereunder. shall be bome eqwly between the Compar?y snd the Proprietor, ° to the extent thst tAis /1Qreement Lo Des? eqwlly said burden Shsll ~Ot DO DrohiDited by Isw. ~ F1LEU ^=~~'~DED r ST. LUC„ ' ::~1MTY fLA. , ~ ROC: • '~':3AS ~ C:'R• ; COURt ~ ~ ~ n:~,~:,- _ ~ ~ ~ ' 13SPM'~Z ~ ~ ,JuN 18 eooK ~c~ ~ 232?2~0 ~ ~ ` - ' ~ n ~ : . ~