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07/10/1973 AgreementThis Service Agreement, and Xerox' currently published Price Lists as revised from time to time by Xerox, shall constitute the entire Agreement between Customer and Xerox for Reproduction Services, irrespective of inconsistent or additional terms and conditions in Customer's purchase orders or other documents submitted by Customer to Xerox. Equipment remains the property of Xerox and is subject to its possession and control. Xerox may supply either new or reconditioned equipment at its sole option. Customer shall pay Equipment placement and removal charges and Xerox or Customer shall pay shipping charges in accordance with terms and conditions set forth in Xerox' published Price List in effect as of date of placement or removal, as applicable. This Agreement shall terminate in the event that Customer makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Customer under any law having for its purpose the adjudication of Customer a bankrupt or the reorganization of Customer. This Agreement is not assignable. Any attempt to transfer by any means any of the rights, duties or obligations of this Agreement is void. Xerox Shall Train customer's personnel in the use of equipment. Keep equipment in good working order in accordance with pub- lished service policy in effect at time of request for service. Assume all responsibility for loss or damage to equipment installed on Customer's premises except for such loss or damage as may be caused by the negligent act of Customer, its agents or employees. Warrant that its equipment will be of merchantable quality and free of defects in material and workmanship; and repair or replace equipment which is found to be defective under this warranty. (THIS REPRESENTS XEROX' SOLE OBLIGATION WITH RE- SPECT TO DAMAGE, WHETHER DIRECT, INCIDENTAL OR CON- SEQUENTIAL, RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT.) Warrant that the equipment was produced and that Services here- under shall be rendered in compliance with the requirements of the Fair Labor Standards Act of 1938 as amended. Further warrant that it complies with the requirements of Title VII of the Civil Rights Act of 1964. Customer Shall: Provide suitable electric service for operation of equipment. Make available a key operator or machine operator as the case may be, for training in the use of equipment. Should this assign- ment change, customer shall inform Xerox immediately. Pay all sales, use, privilege, excise or other taxes imposed or levied on or with respect to the Equipment furnished hereunder or by reason if the furnishing hereof. Submit to Xerox on the last working day of each month, or as required, a completed meter card provided by Xerox, and upon receipt of invoice, pay such amount as is due immediately. In the event that Xerox has not received this meter card on or before the sixth workday of the succeeding month, Xerox reserves the right (as specified on price list) to issue -and customer agrees to pay -an invoice based on customer's average usage of the machine for the previous three months. When an actual meter reading is received the following month, any difference will be automatically adjusted. Make no alterations in the equipment without Xerox' written per- mission. Obtain the written authorization of Xerox prior to any movement of equipment. Pay for any repairs or replacements made necessary by Customer's negligent act. Permit Xerox' technical representative to change developer upon his determination of the end of its useful life. Pay reasonable attorney's fees to Xerox in the event that Xerox shall engage an attorney to enforce collection or to preserve and protect its rights under this Service Agreement. Not move any equipment without Xerox' prior written authorization and shall permit Xerox to remove equipment upon termination. %J 'O�SL i`.Il ;I�, COI - HOST 1- )A SC_1I I:I)G'LI: C VEND PrLICE 10� per Copy. COPYING ' IODES can be made on the coin - operated copier: There are two ways copies - . 1. 10� Vend ?,Iode ' 2. Bypass Key All ropy volu is recorded on a single meter in the machine. MOST I' ? Y SCHT _]DULE ' monthly , co FS - volume (10� vend copies plus copies made using The Host will be paid based upon the total bypass key) accaru i ng to the following schedule: y T nth1v volume Host Payment per Copy Total � 10 .--- -- To From -- 3� 3s001 5, 000 5 • Over 5 000 machine and submit a meter card to* Xerox on the last working Host shall collect the Fend cash from the mach Bost setting forth the number of copies :: a"- of each month:- Each rno11th Xerox will submit an invoice to d amount %.-ithout discount upon %.1 A.. an d the amount to be reirlitted to Xerox. .110 s: shall remit the require of the Xerox. invoice. s ti'. 111 be based on total volume, both vend and bypass, less any service credits Monthly volurile range . 120-DAY • Xerox ti� %ill uarantee the Ilost a minimum pa3 of $30. 00 per l+ or the first 120 days of installation, g ,,a •.. - e ti. ill be .lo uarantee, and the total Host income , . , ill depend on , month. :'after t' is 1?0 -a.=� period, Cher g actual volume. CITANNGE l~'UtD The coin device . accept nickels, dimes and quarters and make the appropriate change. It will be t`:2 • = eat the time of installation for this change fund. • :liter thatt ti ►� Host's responsibil:t5 to iu� Wish �� Chang change fund 1%: ill self replenish. ., - �rlc ran;�es for the first 120 days of installation shall be prcra The host guarantee and monthly copy he billin^ oc rioc., using a 30 calendar da�: niont::• on the basis of tEir• nL;111ber of calendar days covered by t n . 1?p -ciav �eriocl, eopt' �'oiuizlc ra1z�*es ti =gill be prorated only if the -billing tulle Subsequent to the initial • I Period is less than 25 days or more than 35 days. SA1A_,:S Xerox will Pz1Y till sales tax on both vend and bypass voluille. III i) �, - st h�1r•Il;lc�rs f1•oT�t any and all el'-10 damages or losses restiltitl�= f1'c'"= �.('T'() :.t�:lll i r1 c l�.,1t��Cy ;����I hold Ijn • cl c•i-ox hall 111:1 i nt 'l iri 1 i.11) s? t t tile t1c�FYl i car 1c�1•c1� �Irisitl,; cut Of t11c• Pc L,lot•inallc�c� of t:�c� c:on.l•:_ct �.t. ter. }3odi1 Irt itt�� cl:Iv ••, Ic�� �� it11 a c�c n"bitled sillgl � Iil -nit of 1Zt)i 1�:ss thZ111 50 OOU i��•t• oc��i�i•i•ct ! S 3 ]t1 -,ttI t • 11 'R OX SI I A L Arrange for and p:Iy for Niiirin}g expense up to $2500 • Train Host personnel on the II of the equipment. ' Furnish all required machine : supplies. 't ility for loss or damage to Xerox equipment installed on Host's premises and resnon- Assume all rest�oti.�i > s ihility for log;:; of coins dtIc to t} eft fr0111 the coin device. In the event of theft of coins from the coin rice there % % be no host payment for copies made bet cen the datu of the last coin collection and the (1c% , date of the theft. 110S SHALL 1 consideration of the payments made to llo�-t hereunder, 11ost shall, as Xerox' agent, perform the follot:'ing "key operator" ft"IctiOns: o Provide suitable storage for supplies. o Load these supplies as required. 0 Clear machine jams as re(it!i�•Cd. c Maintain coin collection records -showing amount collected, date, and meter read on date of collection. 0 Submit - meter card on the last working da)• of the month. Make available � -� n employee for training by Xerox in the foregoing duties. Should this assignment charZe, . b host shall inforil Xerox imn-iodiately. Provide suitable electric poi.": er for operation of equipment. flake available space for the copier ~Where it ::•ill be visible and readily accessible to consumers. 1 Allow free access to the equip;-lent by Xerox personnel. ' Not relocate inachine %% :=: ritten Xerox approval. ' T1:Ii ,15 AND COND11'10NS Consumer Coin -Op Shared Service 1.. execution of License to Operate Agreement is required prior to the shipment of equipment except There blan et contracts are in effect. I -'i.her party may cancel this Agreei - rent upon 30 days' .}s on ti.z v: r itten notice to the outer provided the equipment has been installed a minimum of 120 da, effective (late of cancellation. 2. Charges' and payments and terms and conditions are subject to change at any time uoon ::mitten nc :ice. If any chancre is unsatisfactor�,� to the Iio�t, the host r.,�:y cancel its Xerox .��rcen;ent tipo:1 30 da� notice b • nlailin�= S uch , notice �. itil 5 cia�s from receipt of n otification of a change. In tl:e v, y event of such termination after an announced price chzi.nric, charges incurred prior to termination_ :c-i11 be billed at the rate prevailing prior to tic price change. 3. If acceptable levels of volutl:e and income cannot be reached or rriaintained, Xerox ,% remove the cc}uipment and terminate this agreement. ' 4. Term s - "The nionthly host Guarantee and copy volume ranges for the first four nionths (120 days) of inst tion shall be prorated o the basis of the number of ca)endar clays covered by the bil!in� period, using a 30 day calendar month. Any credit glue host during the initial -ay guarantee period ill be carried fc�r�.��ard in the 11o.�t account. Subsequent to tl.c initial four -month period, coot' %•olun.�- w'll be prorated only if the billing time period is less than 25 days or more than 35 Gars. `� ranges i I 5 All invoices payable upon receipt, without discount. T f , �� 1c_ X erox , c'�il�r•c�rl t�t_�23 i.�;l�ccl I.to:;t 1'�� Schedule as rcvis(,d Ag ec!1I e � r i '1 ?1c' 1� c�rc�:� s��<l..1.1_ c�ons ti.t.utc the entil-t� f�;ir(�('1�1ei ����it�rc�c�n the 1(c }��t f�_ tillle f o ti ct to f.lzc s�il�'cct I-,,atter 1j r•c�of, irrespective of ineoils istc. lit ancI Xerox v" ilh reap e , . • - .- ondit.3ons in host Puret1ase orcicrc or. other document. or ��ctc tt�_c�t1 {L tc i 1��.� �»ci c strbbitted b Iiost to Xerox. c� sclicdtz e' and a �_1 otiler ter�-rl.s and con: itiotl.s are sLll.�jc'c:t to change upon �. a� nl � I t r� �7 ' tell. notice. if c`3..n T change is unsati sfactory to Trost, Host ��1a��� ter��zinatC 5 days ��rltt � this License in the mallner Provided for herein. This 1'�gre ei -ncnt its not a ssiona1)le. Any attompt to assign o transfer a.ny of the r� rig hts, dutic: s or-obligations of this Agreenl. ent is void.