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w <br /> PO Box 7075, Lakeland, Florida 33807-7075 Phone (863) 682-5200 Fax: (863) 6824800 <br /> Pay Telephone Location Lease <br /> This Pay Telephone Lease Agreement (the "Agreement") is made this 11th day of March 2004, Between. Indian River <br /> County hereinafter referred to as "Lessor") and ATS PayPhones, Inc , (hereinafter referred to as "Lessee"). <br /> Whereas Lessee is in the business of installing, maintaining and servicing pay telephones; <br /> Whereas Lessee desires to install and maintain one or more pay telephones on the premises of Lessor; and <br /> Whereas Lessor desires to permit it such installation subject to the terms and conditions contained herein, it is mutually <br /> agreed by and between the parties as follows: <br /> 1 . Lease of Space <br /> Lessor hereby grants to Lessee the exclusive right to install and maintain one or more pay telephones upon the premises of <br /> Lessor described hereinafter and, in furtherance of such right, lessor hereby leases to Lessee, and Lessee hereby leases from <br /> Lessor, the location or locations (hereinafter referred to as the "Leased Space") more specifically described in the site survey <br /> attached hereto and made a part hereof. <br /> 2. Notices <br /> Any and all notices to be given hereunder shall be properly deemed given when written and hand delivered or sent by registered <br /> or certified mail, postage prepaid, return receipt requested, to the respective addresses set forth below or at such other address as <br /> specified by written notice delivered in accordance herewith. <br /> Lessor: Indian River County Attn: General Services Lessee: ATS PayPhones Inc. <br /> 1840 25' Street PO Box 7075 <br /> Vero Beach, FI 32960 Lakeland, Florida 33807-7075 <br /> Phone: (772) 226-1223 Phone: (863) 682-5200 <br /> Fax: (772) 770-5095 Fax: (863) 682-8800 <br /> 3. Rent/Fees/Commissions <br /> Lessor Agrees to pay to Lessee a first month fee of $89.50 per phone and on a monthly basis, a service fee of $49.50 per month, <br /> per phone. The monthly fee is subject to change if ATS receives any dial tone / line charge increases imposed on ATS by the <br /> local LEC or any other unseen operational cost imposed on us If this event were to arise Lessee would notify Lessor sixty days <br /> in advance in writing. Additionally, phones that have coin revenue exceeding $89.50 per month gross can qualify for free <br /> service. We will install and charge our normal rates until we establish revenue data from new locations and adjust accordingly. <br /> Phones that we charge for can receive commissions. We will take the monthly coin totals form all phones being paid for and if <br /> the total exceeds $30.00 of coin revenue per phone, we will then either issue, a credit towards next months invoice, or <br /> send <br /> commission check to Lessor, at the rate of 201/6. <br /> 4. Term and Renewal <br /> The tern of this agreement shall commence upon the date on which Lessee first installs one or more pay telephones in the <br /> Leased Space, which shall be on or about March 31 , 2004, and shall continue for one hundred twenty ( 120) months thereafter. <br /> The location Owner/Operator may have the pay telephone removed prior to the termination of this agreement by giving the <br /> Lessee a written notice sixty- (60) day notice at any time prior to the termination of this agreement. After such termination, <br /> neither party shall have any further claim against the other. Additionally, upon expiration of this contract the service <br /> can <br /> continue on a month-to-month basis. <br /> 5. Responsibilities of Lessor <br /> Lessor hereby agrees that: <br /> A. During the term of this agreement or any renewal thereof lessor shall not grant the right to install pay telephones upon <br /> the premises on which the Leased Space is looted to any company or person other than Lessee. <br /> B. Lessor shall promptly notify Lessee of any malfunction of any pay telephone installed in the Leased Space or any <br /> material interruption of service to any such pay telephone. <br /> C. Lessor shall allow lessee reasonable access to the pay telephone so installed during normal business hours for the <br /> purpose of repair, maintenance, replacement or the collection of all income derived therefrom. <br /> D. Lessor shall exercise reasonable care in preventing damage to or destruction of pay telephones installed by lessee <br /> pursuant to this agreement but shall not be liable for any loss, damage or destruction unless caused by the willful <br /> misconduct or negligence of Lessor, its employees or agents. <br /> www . atspayphones . com <br />