Loading...
HomeMy WebLinkAbout2197 S. A. Ths Proprietor aaroes that no othe~ mathines of ths same kind vrill be used os permitted to Opsrats in the sbovs deSUiDad premises durina the tcrm ot this ll~reement, ~nd that a violation of this provision shall be deemed a mate~ial brescA oi this Agreement, it bein` ths intention of ths parties that ths ComWny's machines ss hercin set out be used exNusively i~ said premises. B. It is ths Intention of the parties that the definitio~ of "machines of tNe ssme kind" ss set out in psragraph 5. A. sbove, be interpreted ss tolbws: i. If a music machine is plsced on the Dremises by the CompsnY under tAe terms ot this Agreement, then the Proprietor shall not use, operste or pemdt to be operated upon ssid premises. any other machines which play music w which show pictures in oonjunction with plsying music. ii. Ii an amusement game is placed on the prcmises by the Company under the terms of this Agroement, then ths Proprieto? shall not use, operate or pertnit to be oper+ted upo~ said premises. a~y other amusement game machines. iii. It a ci~arette machins is plsce o~ the Premises by ths ComVany under the tertns of this I?Qrcament, then ths Proprietor shall not use. operats w pertnit to be operated upon said premises. sny other maehines which dispenx cigarettes snd the Ptoprietor fu?ther agrees th~t no cigs?ettes wi11 bs sold in said premises othe? thsn through the Company's cigarette vending machi~es during the term of this Agreemen~ Ths ssid oommissioo rate is to romain the ssme to the ProD?ietw. during the term of this llgreement even i( the sales prics per paek of ciQarettes is incressed to ths public. In the event the wholesale price of cigarettes is inueased Dy tha msnutseture? or other source and such increase asxssed sgainst the Company without an equal inuesse in the retail selline price of eigarettes, the Proprietor agrees that such an increase in cost shalt be deducted from his eommission. In sny event~ the Ssle P~~ for ci;arettes sold hereunder shall st all times be determined by tha Company. 6. In the event of a breach of any of the terms of this Agreement by the Proprietor ss pertsins to music machines and amusemer?t asme machi~ros. the parties Aerewith agree tAat it would be impossible to ascertain the exact damages of the Company and the parties hereDy aYree that ths Compaey shatt be entitled to recover from the Proprietor as and for liquidated damaQes a sum ot money equal to the number of weeks ?emaining uodcr ths terms of this tontrstt, multiplied bY seventy per cent p0%) ~~a average weekty income derived by the Compa~y from the wllections irom music mathines and amusement game machines uD date of the breach of this AQreement Dy the Proprietw. 7. In the event oi a breach of any of the terms of this Agreement by the Proprietor ss pertains to cigarette machines, the parties herewith agroe that it would be impossible to sscertain the Company's exact damages snd the parties hereby agree that the Compsny shall be entitled to recover from the Proprietw as and for Iquidated damages a wm of money equal to the number of weeks remaining under the term of this contrsct, multiplied by twelve per cent (12%) of the average of the gross sa~es from said cigarette vending machines up to the date ot the b~ch of this AYreement 8. !n the event the Proprietor breaches the exclusive portion of this Agreement by placing any other similar machi~es in the premises, then the Compsny, at its option. may spply for and obtain an injunction, without notice, (rom the Ci?cuit Court or aoy other Court of appropriate ju~isdiction, whieh said injunction shall enjoin the Proprietor from placing w pcrmitting •the operotion of any other similar type machine on the premises. This r~medy shall be in addition to the CompanY's riBht to we for liQuidated damages as herein set fwth. ; 9. This Agreement shall be binding upon the parties hereto, their heirs, successors, executors, administrators and assigns, snA shatl be ireely u- signable by the Company, snd the Proprietor does hereby represent that in the event the Proprietor's busi~ess is sold or transferred, the Proprietor will ; notify the Company at least five (5) daYS before final closing, that the purchaser or transferee shall be notified of the existence and obligations of this ~ Agreement, snd no sale shail be made Ay the Proprietw unless the Pmprietor secures an assumption of this Agreement by the purchsser. In ths event the Proprietor moves irom the place heretofore designated as the Proprietors plsce oi business, this Agreement shaU remain in ful~ force and effect i ~ 10. This Agreement shall be for a term of five (5) years irom tlie dste tereof. At the expiration of said term, this Agreement shall become operative ~ Ior an sdditional term of five (5) years, untess either parly shall serve upon the other, by registe:ed mail, in writing, a Notice of Gncellstion of this s € Agreement Such Notice of CanceNation must be so served at least lhirty (30) days prior to lhe termination oi this Agreement or a~y renewal tAereof. Upon ~ the renewal ot the tertn oi this Agreement, said renewat shsll be upon the same terms and conditions ot this Agreemen~ except the Compsny shall rat be obligsted to loan any monies to the Proprietor or pay any bonus to the Proprietor. s g 11. In the event the Proprietw breaches this Agreement and the ComDany files a suit for damages as hereinabove set out~ or fo? injunction ss set ~ out herein, then ths Proprietw shafl be liabte fw reasonsbb attomey's tees to any atwmeys the Compsny may rotain to bring ssid suiL 12. The Proprietor shsll and will use every precaution to prevent the robbing, pilfering, damaging, thett or destrutYwn oi the CorepanYs mathine or machines installed in said place of business by the Company under the terms oi this Agreement, and said Proprietor shsll and will with due and reasonabb promptness adr~se and notih the ComParry of any effort or ariempt on tbe part of anyone wtamsoevet to rob, pilter, damsge. destroy or steal ~ any paK of the ComWm's mxhines or the co~tents theerol. Should any bss or damage to any machine or its contents occur throuQh the fault of tl~s S Proprietor, the amount of such dsmage or loss shall be immediately paid by the Proprietor to the Compsny. Should any bss or damaQe W sny mscAine o? ; ~ its contents occur other than through the fault of the Proprietor, or other than through ordinary a~d normal ussge of said machines w machine, ths ~ amount of such damaQe w bss shall be bome equaly by the Proprietor and the Company. In the event the Company should ai any time during tAe term ~ of this Agrsanent deem thst its mschines being leased herein are being misused, jeopardized or neglected by the Proprietor, or that the s~bs made i~ ~ the coi~-0pented machirses and Uro rerenue derived therefrom are inadequate and not in accordance with the Company's minimum ?equircments, tl~en, ~ and in that event, the Company shall have tl~e option to forthwith terminate this Agreement and the Proprietor shall forthwith pay to the Compsny any ~ monies due and owing from the Proprietor to the Company. 13. Should anY paK of this Location lesse Agreement tor any resson be declared imalid, such decision shall r?ot affect the validity of ~ny re- maininQ portion, which remaining portion shall rcmain i~ force and eHect as if this Location lease Agreement had been executed with the invalid r_ _ portion thereof eliminated. ~ 14. Th! partilS herowith sg?ee that the Compar.y shall pay all tsxes imposed by tNe Unitld Sbtes of Ameriq Ot by any Ststl, County or Muniti- patity or other govemmenLl body upon or against sa~d coinoperated mschines installed and opersted by the Company in the Proprietor's place ot busi- ~ ness hercunder, extept intome faxes and State of Florida ssles tsx, it Deing agreed between the parties that aU future taxes wbsequent W the dste of this I1Yoeement imposed by the United SUtes ot Americs, or sny State, County or Municipality or other gavemmenb) body upon w a~ainst ooin-0psated ~ machinss insta~lsd and operated by ths Company in said plsce of business he?eunde?. shsll De Dome eqwlly Detvvicen the Cortlpsrry ~nd !hs ProprietOr. z: to the extent that Nis AQreement to bear eqWlly said butden shsll not Ds D~ibited by Isw. ~ fILED Ay1 ~t4CRDE0 ST.LUC~~ ~~111R~S`A. ~ RO~~ ~ . ~ CLE%-~. 1 "0'JRT t ~ prr~~^ E~~ ~ ' v R ~3 PACf 2197 ~ ~ Z0 i 35 PM ~ Z aooK F~ ~ 2322~1 , . . ~ - ~ ~z~ ~ ~ ~ _ .