18-155 Quality Vending Company, Location AgreementQlTALITY YENDTNG COl\IPANY
15580 CAR LT ON AVE .
SAN JOSE , CA 95 1 2 4
( 40 8 ) 358-3959
( 8 00 ) 968 -0 952
Em a il: v.e n.l @comc a s t .net
Location Agreement
This agreement between City of Cupertino ("Location") and Quality Vending Company
("Vendor"), the owner of the equipment, each known as a Party and collectively as Parties to this
agreement, do hereby agree:
1) Location agrees to furnish suitable space and electrical power for the following units:
1 AUTOMATIC PRODUCTS LCM2 SNACK Center, and
1 VENDO GLASS-FRONT VUE 40 BEVERAGE MACHINE.
2) Location agrees not to remove said equipment from location specified below unless Vendor fails
to cure pursuant to section 9 in this agreement or as may be required in Location's sole discretion in
the case of health, or safety reasons.
3) Location agrees not to permit the installation or to install like or similar equipment that would
compete with Vendor's equipment while this agreement is in force.
4) Location agrees at all times to secure said equipment behind locked doors during the hours the
location is not open for business unless mutually agreed by both parties to exempt this clause.
5) Location agrees that all equipment shall remain the property of the Vendor.
6) Vendor agrees to stock units, and provide services as required to maintain equipment in good
working condition to enable machines to operate as contemplated by the terms of this agreement.
7) Location agrees to notify Vendor of any equipment failure or circumstances that would hinder
normal operation of the equipment, including any interference of customers' access to the equipment.
8) Neither Party may assign this agreement, or its rights, or delegate any of its duties under this
agreement without the prior consent of the other Party.
9) The Term of this agreement will begin on the date of execution of the Agreement. Either Party
may terminate this agreement effective immediately upon written notice to the other Party if the
other Party fails to perform any material obligation under this agreement or to cure any material
breach ofthis agreement within 15 days after receiving notice of non-performance. This Agreement
will continue until terminated as provided in this agreement. Either Party may terminate this
agreement at anytime with a 30-day notice.
Qtr.ALJTY \'ENDING COl\JP.ANY
15 58 0 CA RLT ON AVE.
SAN J OS E, CA 9 5 1 2 4
(40 8 ) 358 -3959
(8 0 0) 968 -0952
Em a il: ke n .l@ comc a s t.ne t
Location Agreement
10) The Parties represent and warrant that ( a) each is the person listed below; each has the full power
and authority to enter into this agreement; and (c) the execution and performance of this agreement
will not violate any law, statue, other governmental regulations, or any other agreement or
instrument to which each is a party.
11) Limitation of Liability. Vendor agrees that Location will have no liability for, and waives and
disclaims any and all claims and clauses of action against Location, whether in contract or tort, any
special, consequential, incidental or indirect damages arising out of this agreement or any of the
transactions contemplated in this agreement.
12) Modifications to this agreement must be done in writing and signed by the Parties to the
agreement.
13) Notice. Any notice required by this agreement will be in writing and will be sent by prepaid
registered or certified mail or e-mail to the other Party at the address listed below.
QUALITY VENDING COMPANY CITY OF CUPERTINO
15580 Carlton Avenue; San Jose, CA 95124 10300 Torre Avenue; Cupertino, CA 95014
By: ,Pc~-By:·~~~
Title: Dt>JN£R Title :3;2~ ,c-~ £? t. t., j _;
I h1-1-d':S
Date : 0 7 / 2.. O / 2-0 I B Date: -:J_ /zJ / I <;f'
I I
Facsimile: ken . l@comcast.net Facsimile: