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Home My WebLink About0022 • t ' a•' r TERMS AND CONDITIONS 1. A. TM Proprietor agrees that no other n?acttines of tM same kind will be used or permitted to operate in tM above decaibed prarrliaea dtsrirrg the term of this Agreement, and that a violation of this provision sMll be darned a rttaterial brash of this Apreerrtent, it beirp tfn intention of tM prtia that tM Company's machines ss Mrein set out be used exclusively in said premises. 8. It is the intention of tM parties that the definition of "machines of tM senor kind" a at out in paragraph 6. A. above. be interpreted as follows: i. If a music machine is plead on tM premises by tM Company under tM farms of this Agreerrtent, then the Proprietor shall not aces. operate or permit to be operated upon said premises, any other machiMS which play music or which chow pictures in conjunction with playing music. ii. If sn amusement game is plead on the premises by tM Company under tM terms of this Agramant, then tM Proprietor shall not use, operate or permit to be operated upon said premises, any other amusement game machines. iii. If a cigarette machine is placed on tM pnmias by the Company under tM terms of this apreemertt, tMn tM Proprietor sMll not use, operate a permit to be operated upon said premises, any other machines which dllpense dperetta and tM Proprietor further agrees that no cigarettes will be sold in said premises other than through the Company's cigarette vending machines during tM brnl of this Agramartt. Tha said commission rata b to remain tM same to tM Proprietor, during the term of chic Agramsnt even if tM sale prig par pads of cigarettes is increased to tM public. In tM event the wholesale price of cigarettes is inucesed by tM msnufactunr, a by mason of an intxeaM in tM state or local taxes, including Sales Tax, or other source end such increase asessed against the Company without an equal increase in tM retail calling price of cigaratys. tM Proprietor agrees that wch an irwxeaq in cost shell be deducted from his commission. In any event, tM sale price for cigarettes solo herwrxNr shall at all limas ba determined by tM Company. 2. In tM event of a breach of any of the terms of this Agreement by the Proprietor es pertains to music machines and smu»mer?t game machines, the parties ftdr~with agree that it would be impossible to sscwtsin tM exact damages of tM Company and tM parties hereby igra that the Company shell be entitled to recover from tM Proprietor es and for liquidated damages a cam of money equal to tM number of wales remaining under tM tams of this contract, multiplied by seventy peF cent 170%1 of tM average weekly income daiwd by tM Company from tM collections from music machines and amusement game machines up to the data of the breach of this Agreement by the Proprietor. 3. In tM awns of a breach of any of the terms of this Agreement by the Proprietor es pertains to cigarette machines, tM parties harewitA apse that it would be impossible to ssartain the Company's exact danrsges and tM partiei Mreby spree that tM Company shall be sntitld to recover horn tM Proprietor es and for liquidated damages a sum of money equal to tM number of weeks remaining under tM tam of this contnxt, mtrltiptied by tvwM per cent lt2%I of tM average of tM gross sales from said cigarette vending machines up to tM date of tM breach of this Agreement. 4. In tM event the Proprietor breeches the exdusive portion of this Agreement by placing airy other similes machines in tM prernicea, then tM Company, at its option, may apply for and obtain an injunction, without notice, from tM Circuit Court or any other Court of appropriate juriadieGon, which said injunction shell enjoin the Proprietor from placing or permitting tM operation of any other simile typo machine on the premises. This nentedy shell be in addition to tM Company's right to we for liquidated dsrrrspes as heroin set forth. 5. This Agreement shall be for a term of Live l51 Yen from tM date Mraof. At the expiration of said terns, this Agreement sftall betarra operative for an additional tam of five 151 yeah, unless either party sMll serve upon tM other by registertd mail, in writing, a Notion of Cancellation of this Agrament. Such Notice of Cancellation mu:t be so served at last thirty 1301 days prior to tM termination of this Apreenwnt or any rersewat thaaof. Upon tM renewal of the term of this Agreement; said renewal shall be upon the same terms grid conditions of this Agreement, except 1M Conspeny sfsall s not be obligated to loan any monies to the Proprietor or pay any bonus to the Proprietor. t 6. In tM event the Proprietor breaches this Agreement and the Company files a wit for damages as haeinabovs set out, or for injunction es set out i herein, then the Proprietor shall be liable for reasonable attorney's fees to any attorneys the Company may retain to bring said wit. , i I ~ 7. TM Proprietor shall and will use every precaution to prevent the robbing, pilfaing,damagirlp, theft or destruction of tM Cortrpany"s ntachirN err machines installed in said place of business by the Company under the temts of this Agreement, end said Proprietor shell and will with dw an1 raeeorsable promptness advise end notify the Company of any effort or attempt on the part of anyone whomsoever to rob, pilfer, damage, destroy err steal any part of the Company's machines or the contents thereof. Should any loss or damage to any machine or its contents oaur through tM fault of tM proprietor, the amount of wch damage or loss shall be immediately paid by tM Proprietor to tM Company. Should any loss or damage to any mad iM or its contents occur other than through tM fault of [he Proprietor, or other than through ordinary and normal usage of said machines or machine, tf>, +mount of wch damage or loss shall be borne equally by the Proprietor and the Company. In tM event the Company should at any time during the tel... of this Agreement deem that its machines being leased herein are being miwsed, jeopardized or neglected by the Proprietor, or that the sales made in tM coin-operated machines and the revenue derived therefrom are inadequate and not in accordance with tM Cgmpany's minimum requirements, then, and in that event, the Company shall haw the option to forthwith terminate this Agreement and the Proprietor shall forthwith pay to the Company any monies due ar?d owing from the Proprietor to the Company. 8. Should any part of this Location Lease Agreement for any reason be declared invalid, wch decision shell not affect the validity of any remsinirg portion, which remaining portion shall remain in force and effect as if this Location lease Agreement had been executed with the im?slid portion thereof eliminated. 9. The Parties agree that all taxes imposed by the United States of America or by any State, County or Municipality or other governmental body, except income tax and State of Florida Sates Tax, against or upon said coin operated machines installed and operated by the Proprietor's plea of business hereunder shall be borne egwlty between the Company, and the Proprietor to the extent that this agreement to bear squally said burden shall not bt prohibited by law. _~A 455880 8ERVICES Ft.oaloA att>ac co. 1 418 PARK PLACE V r~~'~ ~2 /{f{ j~ 03 f i WEST PALM BEACH, FLORIDA 33401 - R COUR ~ ts~~ G4~ - YERII'I ~ L~ ~a± ?a of F - [lFA~H Z ~ 6 ~ f'AGt ~ ~J s _ nItAA C