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Home My WebLink About0396 . ~ S. A. The ProprietOr s~rces that no othe? machines of the ssme kind will be used o? permitted tO operata in the ~Dove desuiDed`premise~ during the term oi this AgreemenG and tbat s violation of this provision sAall be deemed s mste?ial breach oi thii A~reemen~ it beina ths intention Of lhe Farties that the Compsny~s mschines ss herein set out be used exclusivey (n said premises. 8. It is the intention ot tt~e parties that tAe definition ot "machir~es oi !he same kind" ss set out in para~nph 5. A. a~ove. be interpreted as tol lows: i, if a music machirro is piaced an the premises try the Corrtpany eertslrr ttro lrrms pt this Agreement, then the Proprietor shall not use, operate or permit to be operated upon said premius, any othe? machines which play music or whicA show picturcs in co~junction with playine music. ii. If an amusement gsme is p(sced on the premises by the Company ut~der tha terms ot this AYrteme~fQ the+~ the Aropriatot sMl! no! use, operate or pemtit to be operoted upon ssid premises, any other smusement game machines. iii. If a cigsrette machine is place on the premises by ihe Compa~y under tha tertns af thts /1ar~eemen~ then the Proprietor shall not use. operate or permit to be operatcd upon said premises, sny other machines whicA dispense cigarcttes and the Proprieto? further aQrees thst no ciQarettes wi11 be sotd in said premises other than through the Companys cigarette veoding mschines during the term of this AgreemenL The said commission ?ate is to remain ths same to the Proprietw, during the term oi this Agreement even if the sales price per pack of ciQarettes iS incrossed to the publiC. In the event the wholesale price of cigarettes is inCreased by ths ma~utaCturer or other souroe and Such increase assessed against ths Company wtth0ut sn equal increase in !he rciaFl selling price of cigarettes, ths Proprietor agrees that such an increase in cost shall De deducted irom his oommissio~. In any event, the sale price tor cigarettes sold Aereunde~ shall at atl times be determined by the Company. , 6. in the event of a brcach of any of the terms of this Agreement by the Proprietor as pertains to musie machines and smusemant gsme machines~ the psrties herewith agree that it would be impossible to ascertain the exact damages oi the Compsny and tha parties hereby agree that the Compa~y sha11 be entitled to reoover trom the Proprietor as and for liquidated damages s sum of money eQual to the number of weeks remaining under the terms o( this contract, multiplied by seventy per cent (7096) ot the average w~eekty income derived by the Company irom Lhe coltect7ons irom music machines ~ artd amusemertt game ms~hines up to the date of the breach of this /1~reemer~t Dy the Proprietw. _ 7. In the event oi a breach of any of the terms of fhis Agreement by the Proprietor ss pertains to cigarette machines, the partia Ae~err~th iQrre that it woutd De impossiDle to ascertain the Companys exact damages snd the parties hereby agree that the Company shsll be entitla! to reoove? from ~ the Proprietor as and for liquidated damsges a sum of money equa) to tha number ot weeks remai~ing under the term of this contract, multiplied py twelve per cent (12%) of the ave~age of the gross sales from said cigsrette ve~ding machines up to the date oi the breach of this Agreement 8. !n the event the Proprietor breaches the exclusive poriion of this Agreement by plaeing any other similar machines in the premises, then the , . Company, st its option, may appy to~ and obtain an injunction, without notice, irom the Circuit Court or any other Court of appropriate jurisdiction, which said injunct~on shall enjoin the Proprietw from plscing or permitti~g tha ope~ation ot any otner similar type machir~e on the premises. This remedy shall be in addition to the Company's ~ight to sue fw tiduitlated dsmsges as herein set forth. 9. This Agreement shall be binding upon the parties hereto, their hee?s, suecessors, executors, administrators and assigns, and shall be freety ss- signabte by the Company, and the Proprietor does hereby rep~esent that in the event the P?oprietor's business is sold or transfemd. the Proprietw will ~ notify the Company at least five (5) days before finat closing, that the purchaser w transferee shall be notified of the existenre and obligatiw~s of this Ag:eement, and no sale shall be made by the Proprietor unless the Proprietor secures an assumptio~ of this Agreement by the purchaser. tn the eve~t the . Proprietor moves tmin the place heretofore designated as the Proprietor's place of business, this Agreement shail remain in futl force and eHect 10. This Agreement shall be for a term of five (5) years irom the date tereof. At the expiration of said tertn, this Agreeme~t shall betome operotive tor an additioeal term of five (5) years, untess either party shall serve upon the other, by registered maif, in writing, a IYOtice oi GncellaGon of this Agreement Such Notice of Cancel7ation must be so served at Ieast thirly (30) days prior to tNe termination oi this Agreement or arry ?e~ewal thereof. Uppn ;he renewal of the term of this Agreement, said rtnewal shall be upon the same tertns and conditions oi this Agreement, except the Company shall not be obligated to loan any monies to the Proprietor w pay a~y bonus to the Proprietw. 11. !n tf?e event the Proprietor breaches this Agreement and the Company files a suit tor damages ss hercinabove set out, or fpr injunCtion as set out herein, then the Proprietor sha~l be liable for ressonable sttomey's fees to any attomeys the Company may reWi~ to bring said suit 12. The Proprietor shall and wilt use every precaution to prevent the robbing, pitfering, damaging, theft o~ destruction ot the Company'S machi~s or machines iesUlled in said place of business by the CompaMr u~der the tertns of this Agreement, and ssid Proprietor sha11 and will with due and reasonable promptness advise and notiy the Company of any effort w attempt on the pa?t of anyone whomsoever to rob, pilfer, damaga, destroy w steal any part of the Compa~y's machines pr the contents tl~eerof. Should any loss w damage to any machine or its contents occur through the isult o} the Proprietor, the smount of such damage or Ioss shalt De immediatey paid by the Proprietw to the Company. Should any bss or damage to any machine or is contents xcur other than through the faWt of the ptpprietor, or other than through oroinary and normal usage ot said machines or machine, the amount of such dsmage or loss shall be borne equally by the Proprietor and the Company. tn the enent the Company shoutd at any time during the term oi this Agreement deem that its machines being teased herein are being miwsed, jeopardized w neglected by the Proprietor, or that the sales made in the coin-0peroteC mschines and the reve~ue derived therefrom are inadequate and not in accordance with the Companys minimum requircments, then, and in that event~ the Company shatl have the option to (orthwith termi~ate this Agreeme~t and the Proprietor shall forthwith psy to the Company any mo~ies due and owing irom the Proprietor to the Company. 13. Should any part o( this Location Lease Agreement for any reason be declared invalid, such decision shell not atfect the validity of any re- maining portion, which remaining portion shall remain in force and effect as if this Location Lease Agrcement had been executed with the invalid portion thereof eliminated. 14. The parties herewith agree that the Compsny shall pay aIl taxes imposed by the United States of America or by any Stste, County or Munici- pality or other governmentsl body upon or aQainst said coin-operated machines instatted and operated Dy the Company in the Propr;etoYs place o4 busi- neu hereun~Jer, extept income taxes snd State of Florida sales tax, it being agreed betweer. the parties that all futuro taxes subsequent to the dste of this Ag?eement imposed by tAe United States of Americs, or any State, County or Municipality or othe? govemmenbl body upon or agsinst canoperated mschines installed snd opented by the Comparry in said pWce pf business hereunder, shall be borne equally between tr,e co,,,P,~r snd the Proprietor. to the extent tt?at this /l~reement W besr eqwNy said bur~dert sAs~~ rat pp prohibited by Isw. ` ~ILEO /Ut01tE~OR~ED ~ , : ~U i v;~ -~''a~~ ST.lUC1E GOU TY LA. ~AT E=-~~ F iY ~J E i_1 ROGE ~ 1 'a ~ i v ~ ~ , P N~cuii coullT ~ ~v L ~ 3 ~ :3~_ ..iMEN AP _ : r• M 'r. ) CLERK C:~ . ~ ~ , (J~. ~ ~t"vE+~:?~-:_-~~:~_ - -aECOaDvePf~EO!-.~ ~ . - ~i1~~~ ~ ~~3 L ~ ~r,j~'~ ~ O O~ ! ~ ` ~ V~ ` ws r ~ . ~ ~ , - re • ~ ~ i2 Z+~ PH 13 . ~ N i ~1 `Il~ : ` ~ t ~ S ~ ~.r ~ t Z : ~n.g ~ i1 ~ • i. ~ .t k\ r ` F,SG~ ~ ~Z6S9'7U +