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Home My WebLink About2201 i : 5. A. Tha Proprietor aQrees that no other mathines of the same kind will be used or pe?mitted to operats in the abOVe dsiuibed promises durinQ the term of this /1~roemen~ snd that a violation o( this provisio~ shall be deemed a mate~al breach of this /lgreement, it being ths intention of ths parties lhst the Company's msthines ss heroin Set out be used exclusively in said premises. 8. It is tl~e intentiOn of the parties that tM definition of '•mathines of the sartle kind" as set out in paragraph S. A. abovs, be intery?eted as fol lows: i. Ii a music roschine is placed on the premises by the CompsnY unde~ the tenns ot this ll~eemen~ then the Proprietor shall not use. opents or permit W be ope.ated upon said premius, any other machines which play music w wAich show pictures in conjuncGon with playing music. ii. If an amusement game is plsced on the Premises by the Compsny under the terms ot this Agreemen~ then the Proprietor shsil not use, operste or permit to be operated upon said prcmises, any other amusement game machines. iii. If s cigsrette mscAins is place o~ the premises by ths Company undN the terms of this Agrcemen~ then the Proprieto? shsll not use. operata or permit to be opented upon said premises. any othe? machines which dispense ciganettes and the Proprietor furthe? agrees that no cigarsttes wilt De sold in said premises other than througA the Companys ciQarotte vendio8 machinEs durinQ the term of this AgreemenL The said commiuion rste is to remain 1he same to the Proprietw. during the te?m of this Ag?eement even if the sales price per pack of cigsrettes is incressed to the public. In the event the wholesab D?~~e of cigarettes is inweased bY the manufacture~ or other source snd such increase assessed against the Company without an equal incrcase In the retsil sellinQ price of cigarettes, the Proprietor agrees thst such an incrcase in cost sl~sll De deducted trom his commiuion. In any event~ the sale Price tor cigarettes sold hereunder shall at all times be determineG bY ~~+W~Y• 6. In the event of a breach of anr oi the terms of this Agreement by ths Proprietor ss pe?Wins to musie machines and amusement Qsme mschinea, the parties herewith agree thst it would be impossible to ascxrtain the exact damages ot the Company and the parties hereDy aQree that the Company shall bs entitled to recover fran the Proprietw u and for liquidated damaQes s sum of money equal to the number of weeks remaining under tAs terms of this contrsct. mWtiplied by seve~lY per cent (709L) ~ the averaga ~Keekly income derived by tAe Compsny trom the coltections from music rosehinas and smusement game machines up to the date of the bresch of this /1~reement by the ?roprietor. 7. In the eve~t of a breach of any of the terms oi this AgreerMnt by the Proprietor u pertains to cigsrette machines, the parties herewith agree that it would be impossible to sscertsin the Company's exaet damages and the parties hereby agree that the Compa~y shall be entitled to ~ecover from the Proprietor as snd for liquidated damages a sum of money epual Lo the ~umber of wetks remaining under the term of this contrsc~ multiplied by twelve per cent (12%) of the sverage of ths aross ssles (rom said ci8~rette vend~ng machines up to the date of the breach of this AgreemenL 8. In the event the Proprietor breaches the exclus'rve portion of this Agreement by placing any othe~ similar machines in the premises, then the ~ompany, at its option,, may apply for ~r~d obtsin an injunction, without notice, irom the Circuit Court or any othe~ CouR of appropriate jurisdiction, which said injunction shall enjoin the Proprieto? trom placing w pertnitting the operalion ot any other similar type machine on the premises. This remedy . shatl be in sddition to the Companys right to we for liquidated damages as herein set torth. 9. This Ayreement shall be binding upon the parties hercto, their heirs, sutteuors, executors, administraWrs and assig~s, snd Shall be ircely sS- ' signable by the Company, snd the Praprietor does hereby represent that in the event the ProprieWr s business is sold or transfemed, the Proprietor will : notiry tAe Company st least five (5) days beforo final closing, that the purchaser or transferee shall be notified of the existenCe snd obligations of this ; I~ Agreement, and no sale shall be made by tAe Prop?ietor unless the Proprieto? secures an assumption of this Agreement by the purchaser. In the ev~nt the 3 Agreement Shall remain in fufl force and ef(ecL ~ Proprietw moves from the D~ace herctatore designated ss Jhe Proprietors place of business, this ~ 30. This I1Qreement shall be for a term of five (5) years from the date tereof. At the expiration of said term, this /Igreement shall beoome operativa { for an additional term of five (5) Years, unless either party sball serve upon the other, by registered mail, in writing, a Notice of Canceltation of this ~ Agrcement Such Notice of Canceliation must be so served at least thirty (30) days priw to the termination of this Agreement or uiy renewal Uxreof. Upon ~ the renewsl of the term of this Agreement, said renewal shall be upon the same terms and conditions of this Agreement, eucept the Company shall not ~ be obligated to loan any monies to the Proprietor or pay s~y bo~us to the Proprietor. ~ 11. In the event the Proprietor breaches this Agreement and the Company files a suit tor damsges ss hercinabove set out, or for Tnjunction ss set ng said suit ~ out herein, the~ the Proprietor shall be lisbte for rcasonable attomey's fees to sny aitomeys the Company may ?etain to bri 12. The Proprietor shall a~d will use every precaution to prevent the robbing, Dilfering, damaging, theft or destruction of the Comparry's machine or mschines installed in said ptace o( business by the Company under the terms of this Agreement, and said Proprietor shall snd will witl~ due and reaso~abb promPtness sdvise and notify the Company of sny Mfort or attempt on the paR of anyone whomsoever to rob, pilfer, damage, destroy or steat any part of the ComPany's machines or the tonteots theerof. Should any loss or damage to any machine or its conte~ts occur through the fault of ths Proprieta, the smount of wch dsmage or loss shall be immediatety psid by the Preprietor to the Compa~y. Should any lo5s or damsge to aM? maehine or its contents occur othe? thsn through the fault of the Proprietor, or other than through ordinary and normal usage of said machines or machine, the amount ot such dsmsge w loss shatl be Dome equaly by the Proprietor a~d tAe Company. In the event the Compsny shoutd at sny time during the Wm of this Agreement deem that its mschines being leased herein are Deing misused, jeopardized or neglected by the Proprietw, or ihat the ssles mads in ~ roquireme~ts. then. ` the coinopersted machines and the revenue derived therefrom are inadequate and not in accordance with the Company's minimum and in that event, the Compsny shall hava the option to forthwith terminate this Agreement and the Proprietor shsll forthwith psy to the Company any ~ monies due snd owing from the Proprietor to the CompanY. ~ ~ 13. Should any part of this Location Lease Agreemeot for sny reason be declsrcd inva~id, such decision shatl not affect the validity of arryr re- maining poRion, which remaining portion shall remain in force and effect ss if this Location lesse Agreement hsd been executed with ths invalid ~ portion thereof eliminated. _ ~ ~ 1~. The parties he?ewith agree that the Company shall psy all tsxes imposed by U?a United Ststes of Americs or by a~y State, County w MuniN- ~ pslity or other govemmental body upon or a~sinst said coi~ope~ated machines installed and operated by tt~e Company in the Proprietor's place of busi- ~ neu he?eunder, except income taxes and State of Flwids sales tax, it being agreed between the parGes that all future taxes wbsepue~t to the date ot ~ this Agreement imposed by ths United SUtes of Amerip, or anY Stste, CouMy or Municipality or other govemm~tsl body upon or against coinopented mathi~es irtstalled ~~d oQMated by the ComWoY in ssid plaCe of busi~uss hereunder. shalf be borne eQwly/ betweM the Compsny and ths ProprietOl. to tAS e:tMt Uut Nis /lareeme~t to bssr eqwlly said burdea shsll not be prohibited by Iaw. 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