Fill and Sign the Operate Vending Machines Form

License to Operate Vending Machines on Real Property of Another Agreement made on the ___ day of ____________________, 20___, between ___________________________________________ (Licensor) of _________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) , referred to herein as Licensor, and _________________________________ (Licensee), a corporation organized and existing under the laws of the state of __________________, with its principal office located at ____________________________________________ ___________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Licensee . Whereas, Licensee owns, operates, and services vending machines of various types for the sale of various foods and beverages; and Whereas, Licensor owns, or has an interest in, real property on which Licensee desires to install its vending machines; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. License to Install Machines A. Licensee, at Licensee's expense, may install its vending machines for the sale of food and beverages on Licensor's property in locations to be mutually agreed on by authorized representatives of the parties to this Agreement. B. Licensee agrees to supply, maintain, pay any license fees and taxes, and operate its machines in such a manner as to ensure that they are attractive, neat, and functioning at all times. C. Licensee, at Licensee's expense, shall furnish necessary electrical connections. Licensor, at its expense, shall supply necessary electrical current for the operation of the vending machines. 2. Consideration Licensee shall pay Licensor $_____________ per ______________ (e.g., month ) for each machine installed on the ____ day of _______________ (e.g., month ) beginning _________________________ (date). 3. Privilege (is or is not) Exclusive The permission given by this Agreement (is or is not) exclusive, and Licensor (may or may not) install, or permit to be installed by others, vending machines or facilities of a nature similar to those of Licensee. 4. Indemnification of Licensor Licensee shall indemnify and hold harmless Licensor, its agents, successors and assigns, from and against any and all liability, cost, and expense for loss of or damage to property and for injuries to or deaths of persons arising or resulting from the installation, maintenance, presence, use, operation, or removal of Licensee's vending machines, or use of any of the products dispensed from such vending machines. 5. Removal of Machines Licensee shall remove any of its machines from L icensor's property within _____days of receipt of written notice from Licensor to do so. 6. Duration of License This Agreement shall become effective on ___________________ ( date) , and may be terminated by either party giving ____days' written notice to the other party, after which all of Licensee's machines shall be removed within days from the date of receipt of such notice from the premises of Licensor. 7. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________________________. 9. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 11. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 14. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 15. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ____________________________________ LICENSEE ________________________________ By_________________________________ LICENSOR (Name and Office in Corporation)