Edward R. Arevalo - Page 5

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               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, petitioner                






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Last modified: May 25, 2011