- 5 - the Equipment, who performed the repairs and maintenance, and by retaining receipts and cancelled checks for all parts, service, and repairs made to the Equipment. Purchaser will be required to surrender, to Seller, the logbook and all other proof establishing that required maintenance and repairs were performed. Purchaser must also establish to Seller’s satisfaction the person(s) who performed the repairs and maintenance were qualified to do so. Exhibit B to the ATC pay phone agreement set forth a recommended schedule of weekly maintenance work to be performed on the pay phones by petitioner. Exhibit C to the ATC pay phone agreement included a list of service providers available to maintain the pay phones should petitioner not want to service the phones himself. Petitioner also had the option to enter into a service agreement with Alpha Telcom (Alpha Telcom service agreement) if he did not want to be involved in the day-to-day maintenance of the pay phones. Under the terms of the Alpha Telcom service agreement, Alpha Telcom agreed to service and maintain the pay phones for an initial term of 3 years in exchange for 70 percent of the pay phones’ monthly adjusted gross revenue and all “dial around fees” generated by the pay phones. In the event that a pay phone’s adjusted gross revenue was less than $194.50 for the month, Alpha Telcom would waive or reduce the 70-percent fee and pay petitioner at least $58.34, so long as the equipment generated at least that amount. In the event that a pay phone’s adjusted gross revenue was less than $58.34 for the month, petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011