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4 <br /> CITY OF EVERETT <br /> VENDING AGREEMENT <br /> THIS AGREEMENT made and entered into on this day of , , by and <br /> between the CITY OF EVERETT, a municipal corporation under the laws of the State of <br /> Washington, hereinafter referred to as the "City," and Summit Vending, Inc. whose address 1206 <br /> Hewitt Avenue, Everett, WA 98201, hereinafter referred to as the "Vending Machine Operator." <br /> 1. BACKGROUND <br /> 1.1 The City desires to engage Vending Machine Operator to provide and service Vending <br /> Machines for Everett Station. <br /> 1.2 Vending Machine Operator represented, and by entering into this Agreement now <br /> represents,that it is fully qualified to provide and service Vending Machines appropriate for <br /> Everett Station; <br /> 2. RESPONSIBILITIES <br /> 2.1 Vending Services <br /> Vending Machine Operator shall perform and conduct, in accordance with all requirements of <br /> this Agreement, the installation and operation of Vending Machines dispensing those products <br /> listed in Exhibit A (the "Products") at Everett Station in the location(s) listed in Exhibit B and a <br /> bill changing machine ("Vending Machines"). Vending Machine Operator shall be solely <br /> responsible for installation of the Vending Machines and shall install all Vending Machines <br /> within ten calendar days of the beginning of Term of this Agreement. The City may change the <br /> locations at which the Vending Machine Operator is authorized to operate Vending Machines <br /> with ten calendar days' written notice. Vending Machine Operator shall install and operate its <br /> Vending Machines and conduct all its operations at Everett Station in conformity with all <br /> applicable federal and state laws, rules and regulations, local ordinances, and City Rules and <br /> Regulations for Everett Station. <br /> 2.2 Royalty to City <br /> In consideration for the vending rights granted to Vending Machine Operator under this <br /> Agreement, Vending Machine Operator shall pay as a royalty the percentages of its gross <br /> receipts (before exclusion of sales tax) of the amount per unit sold or other basis as indicated in <br /> Exhibit D (the "Royalty"). For the purposes of calculating the Royalty, "gross receipts" shall <br /> mean all revenue collected from the Vending Machines, without any deductions or credits. <br /> Vending Machine Operator shall submit its Royalty payments and related reports for vending <br /> machine operations in accordance with the requirements stated in Section 3 this Agreement. If it <br /> becomes desirable to add other lines of Products to be vended during the Term of this <br /> Agreement, then the location and type of the Vending Machines, kinds and sales prices of such <br /> 1 <br />