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2005/08/03 Council Agenda Packet
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2005/08/03 Council Agenda Packet
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Council Agenda Packet
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8/3/2005
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2.11 Costs of Operation <br /> Vending Machine Operator shall have sole responsibility for paying all costs for installing, <br /> operating, servicing, and replacing its Vending Machines and any necessary related equipment. <br /> City shall furnish Vending Machine Operator with electrical energy and water for operation of <br /> Vending Machine Operator's Vending Machines free of cost. Vending Machine Operator shall <br /> absorb all money shortages that may develop due to theft,burglary, vandalism, inoperable <br /> Vending Machines or other cause. <br /> 2.12 Signs <br /> Vending Machine Operator will not post signs or posters on the Vending Machines area, or <br /> elsewhere at Everett Station, and will not engage in any marketing or promotional activity at <br /> Everett Station without the City's written permission, which may be denied in the City's sole <br /> discretion. <br /> 3. ROYALTY PAYMENTS AND REPORTS <br /> 3.1 Vending Machine Operator will pay a Royalty each month as described in 2.2 <br /> Royalty to City. Vending Machine Operator will pay City the Royalty on or before the <br /> tenth day of the month that follows the month in which the Royalty was earned. Vending <br /> Machine Operator shall make all Royalty checks payable to "The City of Everett," and shall <br /> deliver the monthly payments to the Everett Station Building Manager to the notice address <br /> provided in Section 9.13, accompanied by a written report for the preceding month, showing the <br /> Royalty due and the dollar amount of sales (i) from each vending machine referenced by Unit <br /> Number. The report will also contain a product breakdown by category for each vending <br /> machine and year to date sales from vending machine operations. <br /> 3.2 Vending Machine Operator will keep accurate records of its sales on Everett Station and <br /> will make these records available to City upon request during the Term of the Agreement and for <br /> up to four years after the expiration of the Term. Vending Machine Operator shall permit <br /> authorized representatives of City to accompany Vending Machine Operator's employees during <br /> cash collection and counting and to randomly examine the receipts of the Vending Machines <br /> operated by Vending Machine Operator. <br /> 4. TERM <br /> This Agreement begins on September 1, 2005, and ends on February 28, 2007 unless terminated <br /> sooner. This Agreement may be extended by mutual written agreement for an additional term of <br /> eighteen-months through August 31, 2008. <br /> 5. TERMINATION <br /> Either party may terminate this Agreement with or without cause on ten (10) calendar days' <br /> written notice to the other party. Termination does not waive, release, or forego any legal <br /> remedy for any violation, breach, or non-performance of any of the provision of this Agreement. <br /> Page 4 <br />
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