The URL can be used to link to this page

Home My WebLink About0026 • _ i TERMS AND CONDITIONS 1. A. TM Proprietor agrees that no oMer machines of tM same kind will be used o? permitted to opeate in the above described premises durirp the tarn of this Agreertsent, and that a violation of this provision shall be dNmed a_twtarial breech of this Agreement, it being tM intention of tM paniae chat tM Company's meehines a Main set out be used exclusively in said premises. B, It is the intention of tM parties that tM definition of "rnecltines of tM same k_ ind" as sit out in persgrsph 5. A, above, M interpreted N follows: i. If • music machine is placed on the premises by tM Company under tM terms of this Agreement, than the Proprietor shall not uta, operate or permit to be operated upon said Premises, any other machines which play music or which show pictures in conjunction with playing musk. ii. !f an amusement game is placed on the premises by tM Company under tM terms of this Agreement, then tM Propriety sMll not use, operate or permit to be operated upon said premiq:, any other amusement game machines. iii. IL• cigarette machine is placed on the premise: by the Company under the terms of this agreement, than tM Pr oprisjtor shat! not use, operate o? permit to be operated upon said premises, any other machine which dispense c'igsrattes and tM Proprietor further agrees that no tigerettes will be sold in said premises other than through the Company's cigarette vending mad?ines during the tfrm of this Agreement. TM said commission rata is to remain tM same to tM Proprietor, during the qrm of this Agreement even if tM sales Wits per pack of crgarattss is increased to tM public. In tM event tM wholesale Price of eigsrattes is inasssed by tM manufacturer, or by reason of an increase in tM state or loal taxes, including Sales Tax, a othK sourp and suth increase assessed against the Company without an equal intnsse in tM retail calling price of ugerettes, tM Proprietor agrees that such an increase in cost shall be deducted from his commission. to any event,lM sale prig for cigarettes sold hereunder shall at all times ba deterrrtirted by tM Company. 2. In tM event of a breach of any of the terms of this Agreement by the Proprietor as pertains to music machines and amusement game machines, the parties herewith agree that it would be impossible to ascertain tM exact damages of tM Company and tM parties hereby agree that tM Company shall be entitled to recover from tM Proprietor as and for liquidated dansages a wm of money equal to the number of weeks ramainirq under tM terms of this contract, multiplied by seventy per cent 170%) of the average weekly income derived by the Company from the collections from music machines and amusement game machines up to the date of tM breach of this Agreement by the Proprietor. 3. In tM event of a breach of any of the terms of this Agreement by the Proprietor ss pertains to cigarette machines, tM psrtiss herewith agrN that it would bt impossible to ascertain the Company s exact damages and the parties Mreby agree that the Company shall be entitled to recover from tM Proprietor ss and for liquidated damages a wm of money equal to tM number of weeks remaining under the term of this contract, multiplied by tvwlw par cant (12X! of tM average of the gross sales from said cigarette vending machines up to the date of the breach of this Agresmant. 4. In tM event 1M Proprietor breaches the exdusive portion of this Agreement by placing any other similar machines in tM premises, than tM Company, at its option, may apply for and obtain an injunction, without notice, from the Circuit Court or any other Court of appropiate jurisdiction, which said injunction shall enjoin the Proprietor from placing or permitting the operation of any other similar type machine on the premises. This remedy - shall be in addition to the Company's right to we for liquidated damages as herein set forth. 5. This Agreement shall be for a term of five (51 Mean from the date hereof. At the expiration of said term, this Agreement shall betorrte opsrat'rve for an additional term of five (51 years, unless either party shall serve upon tM other by registered mail, in writing, a Notice of Csncallation of this Agrsernertt. Such Notip of Cancellation must be so served at least thirty (301 days prior to the termination of this Agreement or any renewal thereof. Upon tM renewal of the term of this Agreement; said renewal shall be upon the same terms and conditions of this Agreement, exppt tM Company shalt not bs obligated to loan any monies to the Proprietor or pay any bonus to the Proprietor. {3¢ 6. to tM event the Proprietor breaches this Agreement and the Company files a wit for damages as hereinabove set out, a for injunction ss set out ? herein, then the Proprietor shall be liable for reasonable attorney's tees to any attorneys the Company may retain to bring said suit. F 7. TM Proprietor shall and will use every prerauYwn to prevent the robbing, pilfering,damaging, theft or destruction of tM Company's msehirte a machines installed in said place of business by the Company under the terms of this Agreement, and said Proprietor shall and will with dw and rwortebk F promptness advise and notify the Company of any effort or attempt on the part of anyone whomsoever to rob, pilfer, damage, destroy OI still any part of the Company's machines or the contents thereof- Should any loss or damage to any machine or its contents occur through the fault of the Proprietor, the amount of sud+ damage or loss shall be immediately paid by the Proprietor to the Company. Should any loss or damage to any machiM a its contents occur ocher than through the fault of the Proprietor, w other than through ordinary and normal usage of said machines Or mschnns, the amount of wch damage or lou shall be borne equally by the Proprietor and the Company. In the event the Company should at any time during the term 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 coirropersted machines and the revenue derived therefrom are inadequate and not in accordance with the Cgmpany i minimum requirements, then, and. in that event, the Company shall have the option to forthwith terminate this Agreement and the Proprietor shat! forthwith pay to the Company any ~ monies due and owing from the Proprietor to the Company. t r 8. Should any part of this Location Lease Agreement for any reason be declared invalid, wch decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this location Lease Agreement had been executed with tM invalid portion thereof 1 eliminated. 9. TM Parties egret that all taxes imposed by the United States of America or b1l any State, County or Municipality a other governmental body, except income tax and State of Florida Sslrs Tax, >=ainst nr ~~pon said coin operated machines installed and operated by the Proprietor's place of business hereunder she!! be borne equally between the Company, and the Proprietor to tM extent that this agreement to bear equally said burden shall not be prohibited by law. Home: Alvin Sheller, 4031 N.W. Sth Ave., Boca Raton, Fla. 395-6406 Jim Spaulding, 226 18th Ave., Vero Beach, Fla. 15J0 FED 21 Pt°, :2= 14 iiLf.O it HC ~ECuHt1i:0 5 ROGEf2 POiTRAS~ Please return to: EiE~•': CigC~IT COtJRT ' a~roaTVE~TFR=f~ - . Araven of West Palm Beach, 418 Park P1ace,West Palm Beach, Florida 33401, ~ , G ? 3 Z - (?R 3~6 PACE . ~ aOGK