03/20/1956
Operating
Clause
Dennition
of Gross
Monthly
Receipts
Division
of Revenue
Penalty
f.<
Lost Key
Claim
Liability
Agree-
ment
AMERICAN LOCKER COMPANY, INC.
THIS AGREEMENT made and entered into on this the..2Othday OL.14&r.llhm.. ....m....1956..,
by and between the AMERICAN LOCKER COMPANY, INC., 211 Congress St., Boston 10,
Massachusetts, a Delaware Corporation, hereinafter called the Locker Company, and
m...!!!.9.!l-J~9..,..g.9.~"!;Y:...mn...........................m... ..........., ~p,/"fu{ibn of the State of
.....F'J,9..~.~.~.mmm......mmmhaving its principal place of business at.Jl;~.Y..'/Il'!!l!t.....n.9!:'.:!..~m......m..,
in the City oL.....~.e.y..:l'f~~mmm.........mm... m....' State of.m..lil()l'i~. ................ ....m.......,
hereinafter called the party of the second part.
WITNESSETH:
WHEREAS, the Locker Company is the owner of self-service parcel locker equipment and
certain letters patent relating to the same, hereinafter called lockers; and
WHEREAS, both parties are desirous of procuring the installation of lockers by the
Locker Company in stations or terminals owned or controlled, and operated by the party of the
second part so that the party of the seeond part may render automatic parcel checking locker
service to its patrons:
NOW, THEREFORE, in consideration of the mutual agreements herein contained, and
the mutual benefits to be derived, IT IS AGREED AS FOLLOWS:
1. Party of the second part agrees to permit the Locker Company to install and maintain,
and Locker Company agrees to install and maintain its lockers in such loeations within a
station or terminal owned or controlled, and operated by party of the second part, as may be
now or hereafter agreed upon. Property of Locker Company will remain on premises of party
of the second part at the full risk and hazard of Locker Company. Party of the second part
agrees to keep the lockers on its premises in a clean and sanitary condition for public use.
Locker Company agrees to furnish all stationery, forms, tools and operating instructions
required for the efficient operation of this Locker Service and party of the second part agrees
to use and follow same, as directed hy the Locker Company, to provide this service efficiently
to patrons.
2. Gross monthly receipts are hereby defined as the total amount of legal monies col-
lected from lockers plus all overtime revenue received on account of articles checked in
lockers for more than twenty-four (24) hours or removed therefrom, but not including
overtime revenue derived from any article or articles reclaimed after sixty (60) days from
date of original checking, which revenue shall be retained in its entirety by party of the
second part.
Party of the second part shall collect monies deposited in the lockers and overtime revenue
as heretofore defined nnder Gross Monthly Receipts and for each individual station or terminal
shall compute the percentage of such receipts to be retained monthly by party of the second
part from such single installation, the remaining percentage of such receipts to be remitted
monthly to Locker Company:
Where Gross Monthly Percentage to be Retained Monthly
Receipts Are: By Party of Second Part
Under $100. 50%
$ 100. up to $ 200. 55
$ 200. .... $ 400. 60
$ 400. .... $ 600. 61
$ 600. .... $ 800. 62
$ 800. .... $ 900. 63
$ 900. .... $1100. 64
$1100. .... $1300. 65
$1300. .... $1500. 66
$1500. .... $1800. 67
$1800. .... $2000. 68
$2000. .... $2500. 69
$2500. and Over 70
Party of the second part shall collect Fifty (50) Cents for loss of key by the person checking,
at the time of delivery of the luggage or parcels to the owner thereof, which amount shall be
remitted to Locker Company at the time of monthly payment.
3. The Locker Company agrees to indemnify party of the second part against all liability
for which either party may be legally liable resulting from the lawful use of said lockers, and
also against all claims for loss of or damage to articles checked in lockers, whether said articles
remain in or are removed from lockers. This liability for loss or damage of articles, shall only
refer to claims arising as a result of articles having been lost or damaged within sixty (60)
days after initial date of checking. If party of the second part disposes of or removes the
articles taken from lockers to a storage location other than the building where lockers are
operating before said sixty (60) day period has expired, then any liability which may occur
shall be assumed by and all storage revenue shall accrue to the party of the second part. Party
of the second part shall indicate, on forms furnished hy the Locker Company, that such re-
moval or disposal has heen made.
The party of the second part agrees to notify the Locker Company at its appropriate
District Office, immediately upon the occurrence of any claim or alleged loss or damage, and to
Taxes
Trant_
portation
Otecking
Rights
Right to
Remove
Equipment
r~
Termi.
nation
Assign.
ment
Cancel.
lation
Right of
Entry
Prior
Agree.
ment
assist agents of the Locker Company in their investigation of said claim by furnisbing such
information pertinent to the claim as may be available. It is understood that the Locker
Company shall handle all claims to their conclusion. If Locker Company settles any claim
resulting from a loss occurring after assumption of liability by party of the second part as
above provided, the party of the second part shall reimburse Locker Company for amounts
so paid provided the Locker Company shall have advised party of the second part in advance
of such settlement.
4. All personal property taxes levied or assessed against the value or cost of locker equip-
ment located on the premises of the party of the second part shall be assumed and paid by
Locker Company.
Any taxes, including license taxes, levied or assessed on the conduct, maintenance, opera-
tion, gross receipts or revenue of said automatic parcel checking locker service shall be borne
by each party in the same percentage of the total tax as it receives in revenue under Article 2,
after Locker Company has obtained permits or licenses and/or paid such taxes.
If, in the judgment of the Locker Company, the levy or assessment of such taxes or other
payments required by public authorities, is considered exccssive or burdensome, then lockers
may be removed from premises of party of the second part after giving to said party
ninety (90) days' written notice.
:5. Party of the second part shall, so long as it may lawfully do so, transport free over its
lines, all equipment to be installed, relocated, or removed. Free transportation to employecs
of Locker Company in such number as may be agreed npon shall be issued for thc sole purpose
of surveying, installing, inspecting, servicing and removing equipment.
H. After lockers are installed in any station or terminal covered by this Agreement, party
of the second part agrees not to conduct or permit to be conducted parcel checkmg in any such
installed station or terminal by any means other than by equipment hereunder furnished
during life of this Agreement, except that it may conduct its own hand checking facilities.
7. Locker Company may remove its equipment at any time should the lockers be used
for any illegal purpose or should a petition against party of the second part be filed in any
court for appointment of a receiver, or should party of the second part make an assignment
for benefit of creditors. Upon written notice pursuant to the requirements of any public
authority necessitating the removal of specified lockers from the premises of the party of the
second part, Locker Company shall remove such lockers at its own expense. If average
receipts per locker in any location are less than One Dollar and one-half ($1.50) per locker
per month to Locker Company for three (3) consecutive months, then Locker Company may
remove as many of the lockers as may be necessary to cause average receipts per locker for
remaining lockers to be One Dollar and one-half ($1.50) per month to Locker Company.
8. This agreement shall continue for a period of five (5) years beginning with the date of
the agreement and thereafter for periods of five (5) years each until terminated by either
party giving written notice to the other party, not less than ninety (90) days prior to the end of
any five (5) year period, of its intention to terminate the agreement at the end of such five (5)
year period.
Upon the termination of this Agreement for any reason, Locker Company agrees to remove
its equipment leaving the premises in good repair and party of the second part agrees to
assume all liability which may result from claims for loss or damage to articles in its posses-
sion at the time of actual locker removal, with all revenue resulting from the storage, release
or sale of such articles being retained in its entirety by party of the second part. No liability
of the Locker Company which arose prior to said termination or said locker removal shall be
diminished in any manner whatsoever.
9. This agreement and all of its rights and obligations shall be binding upon and shall
inure to the benefit of the parties hereto, their respective successors, assigns and legal repre-
sentatives in interest.
10. Upon breach of any covenant of this agreement on the part of either party, if such
breach is not corrected within thirty (30) days after written request so to do, this agreement
may be cancelled after ninety (90) days' written notice one to the other.
11. Locker Company shall have the right, without the necessity of legal action, to enter
the premises of the party of the second part at all reasonable times, and repossess cash keys in
the event party of the second part fails to remit monies when and as same become due under
this agreement, and may collect all cash from said lockers until full amount in arrears shall
be paid, without being adjndged in any manner a trespasser.
12.. All prior agreements and understandings between the parties hereto are hereby
terminated as of the effective date of this agreement except as to any previous liability arising
thereunder.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed
by their duly authorized officers properly attested, and their corporate seals to be hereunto
affixed the dl!yand year first above written.
/
.Ati-t.:...t..='~,~.~~.~'::S:~.~.~..~.~
Secretary
AMERI<,:,-'W LOCKER COMPANY, INC.
ByuS!ilM:..~....uu.u.uuu..........u..
Vice-President
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Attest:..~<?.k.~u.~.....:/?4:4.t:l..z:,..,.....uuu....u
Earl R. Adams, Clerk to the Board
BOARD OF COUNTY COHlISSIONERS
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