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Home My WebLink About2199 S. A. The Prop?ietor sQroes that no othe~ mstAines of ths ssms kind will be used o~ permitted to opents in tM above desuiDed p?emises durinQ the term of this /11~~reemen~ a~d that a violstion of this provision shall be deemed a material broach of this /?aroement, it bein~ the intention of the parties thst ths CompaoY's mathines ss Aeroin set out be uSed exclusiwy in Ssid promises. B. It is ths i~tention of the parties that the Aefinition of "mschines ot the ssme kind" as set out ln pan~raph S. A. abow, be interprated ss fol lows: ' i. It a music roschine is placed on the premises by ths Comps~ri under the terms of this /1~rcement, then the Proprietor shail rat use, operate or permit to be oPentcd upon said prcmises, any other machines which pby musie a which show pictures in conjunction with playinQ musie. ii. Ii an amusement Qame is placed on the DRmises Dy the Company unde? the terms o( this A~reemanf, tt~ ths Prop~ieta shall not use, opente or permit to bs operated upon said premises any other smusement game mschines. iif. It a ciQarette mschine is Plsee on the D~ises by ths CompsnY unde? the terms of this llareeman~ tl~en tM Proprietor shatl not use. operate or pennit to be opetated upon said premises. any other mschines which dispense ciQarettes and ths Proprietor turther a~ress that no cig~rottes will be sotd in said premises other than throuBh the COmpany'S CiQsrotte vendinQ mschines durina the term of this Agreement The said tommission rste is to rcmain ths ssms M the Propriator. during the term oi this llereement even If the sales price pet psck of ciprettes Is increasW to the public. In the event the whoiesale p?ice oi eiearottes is i~c~ased by ths msnufactwar or other sauros snd wch increase assessed aaainst the Company without an epual incrcase in the mtail sellinQ price of ei~arettes, ths Proprieto? agrees tbst wch ao inc~ease in cost shsll be dedueted from his commissan. In any event, the sale price fw ci~arettes sold hersunder shall at sll times be detertninod by the Compsny. 6. In the event of a breach of any of the terms of this Agreeme~t by tAs Proprietor u pertains to musie mschines snd amusement aame maehines, the parties herewitA agree that it would Ds impossible to ascertain the exact dsmsges of the Company and ths psrties hereby aQroe that th~ Compamr shall be entitled to rccover from ths Proprietor as and for liquidated dama~es a sum ot mo~ey eqwl to the oumber of weeks remaininQ under the brtns of this wt~tract, multiplied bY seventY P~r cent (7096) ot tha averaQe weekb income derived by ths Company from the oollections from music mathinas and amusement Qame machines up to the date of the breach of this AQroement by the Proprietw. 7. In the event of a Drcach ot sny of ths terms of this AQreement by the Prnp?ietor ss pertains to cigarette machines. the parties herevrith s~roe that it would be impoasible to ascerhin the Company's exact damages and ths parties hereby agree that the Company shall ~e entitbd to recove~ fram the Proprietor as and fo? liquidsted dama~es a sum of money eqwl to ths number of weeks remaining undu the term of this co~Usc~ multiplied br twelve per cent (12%) of the sve?sge of the Woss saks from said ciQsretis vending machines up to the date of ths breach of this /lareement 8. In the event the Proprietor breaches the exclusive portion of this Agreement by placing sny other similar machines io the prcmises, then the Company, at its option. may apply fw and obtain an injunction. without notioe. (rom the Circuit Court or any other Court of appropriate jurisdiction, whieA said injunction shall enjoin the Proprietor from piscing or pe?mitting the opentan of any other similar type machine on the premises. This remedy snall be in addition to the Company's right to we for Iiquidated dsmsges as herei~ set forth. ~ 9. This Agreement shall be binding upon the parties hereto, their heirs, successors, eatecutors, administrators and assigns, and shall be freely as- ; signable by the Company, and the Proprietor does hereby rcpresent that in the event the Proprieto?'s business is sold or Uansferred, the Proprietor will 3 notify the Company at least five (S) days betore final cbsing, that the purchaser or transferee shall be notified oi ths ezistenee snd otlig~Y~ons of this ~ Agreement, and no sale shall be made bY the Proprietw unless the Proprietor secures an assumption of this Agreeme~t by the Purchsser. In ths event the ! ProPrietor moves from the ptsce heretotore designsttd u ths Proprietor's PI~ ~~iness, this Agreement shsll rcmain in full forta and eftett ' 10. This Agreement shsll be tor a term of frve (5) years trom the date Fereof. At the expiration of said tertn. this Ayreement shall Deaome operativs ~ tor an additio~al term of five (5) yesrs, u~less either party shsll sene upon the other, by registered mail, in writing. a Notice of Gneellation of this i AgreemenL Such Notica of Ca~celiation must be so servcd at least thirty (30) days pria to the tertnination of this AQreement or any ronewa) theroof. Upon ~ the renewsl oi the term of this Agreemen~ said renewsl shall be upon the same terms and conditions of this /lareeme~~ except the Company shsll rat 1 be obliQated to loan any monies to the Pro{xietor w paY any bonus to the Proprietor• I a ° 11. tn the event the Proprintor breschas tl~is /1~eemeot and the CompanY fites a suit for damages as hereinsbove set out, or for tnjunetion as set S ~ out Aeroin, then the Propristo? shall be lisbb for reasonable attorney's fees to sml attomeys the Compsny may retain to brin~ said sult 12. The Proprietw shall and will use every P~ution to prevent the robbing, pilteri~g, damaging, thelt or destruction of the Compan~/s machins or machi~es installed in said plaoe of business by the Comparry under the terms of this Agreemen~ and said Proprietor shall and will with due and reaso~sSle P~pN~ ~ise and ^otifY the ComP~^y ~ s~Y e1~ a? attempt on the part of snyone whomsoever to rob. pilfer. damsge, destroy or stetl ~ any psr! of the Company's machines or tAe contents theero/. Should any bss w damsge to any machine w its contents occur throuah the fault of ths Proprietor. the amount of wch dsmsge or bss shall be immediatey paid by the Proprietor to the CompaMr. Should aml loss or damaQe to ury machins or ~ its contents occur othe~ th~ throuQh the fautt of ths Proprietor, or other than through ordinary and namal usage of said rt?achines w mschine. the ~ smount ot such dama~s or loss shsll be bome eqwliy by the Proprietor snd the Company. In the event the Compsmr should at sny t(me durine the term ~ of this /lareement deem thst iti mathines being leased herein s?e bein~ misused, jeopardized w neQlected by the Proprietor, or that the ssles made in ~ tha coinopented mschin~s snd the reveaue derived therefrom src inadequate a~d not in accordance with the Company's minimum roqul?ements, tNen, ~ and in that even~ ths Company shalt have the option to forthvrith ierminste this A~reement and the Proprietor shall forthwith pay to the Company sny monies due aM! owing from the Proprietor to the Company. ~ 13. Should any part of this Location Lease Agreement tor arry reason be declared invalid, suth detision shall not ai(ett ths vslidity of any re- maininQ portion, which remaininQ portion shall remain in force and eBect as ii this Location Lesse Agreement hsd Deen executed with the invalid ~ portio~ thereof eliminated. ~ ~ 1!. The parties harewith sgrce that the Compsny shall psy atl taxes imposed by the United States of America w by sny SUte, County or Mu~icl- pality w other governmenLi body upon or sQainst siid win-opented maCAines instalkd and opersted by Me Compat~Y in the Proprietor's Dlace of b11si- ~ neu hereunder, encept incane taxes and State of Florids sales tax, it being agreed between the parties tNat all future ta:es wbsequent to the dats ot ~ this /lareement imposed Dy the United Sbtes of Art~eriu, w stry Stste, County or Munieipality o? other govemmsntal body upon or apirat toln-opersted ~ maehinss i~sqllsd and opernted bIr ttN ComWnY in ssid pi~ce of.business hereunder. shsll be borne epwlh between U1e COmpany Md tIN Froprielw. ~ to ths extent that thls /1~roement to beW eqwlry ssid burden shsY not b~ prohibited by Iaw. ~ ~ f IIEL t.± ; • C~ROEO , ~ ST.LUC~L.~•~%:'TRASt~ ~ ROC,=-'• ~ ~ CIERR ~s1 CCUR7 ~ ~ c ra~~t:-` R_C. ~ ~ ~ eK z ~ R ~3 2~.~9 ~ ~ 28 800K P~~ ~ 2322~2 ~ ~ _ _ f ~ _ : : . : ~ ~ ~ ~ . - -