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The “Buy Back Election” to the Alpha Telcom Telephone Services
Agreement (Alpha Telcom service agreement) stated:
1.0. Buy Back Election: Owner shall have the right to
sell to Alpha Telcom, Inc. each payphone upon the
for the buy back election, the sale[s] price shall be the Owner’s
original purchase price less $625; in months 7 through 12, it
shall be the purchase price less $375; in months 13 through 24,
it shall be the purchase price less $250[;] in months 25 through
36, it shall be the purchase price less $125; and after 36
months, it shall be the full purchase price.
An exhibit to the ATC pay phone agreement includes a list of
service providers available to maintain the pay phones should
petitioners not want to service the pay phones themselves.
Petitioners also had the option to enter into a service agreement
with Alpha Telcom (ATC, Inc. service selection form) if they 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. In the event that a pay
phone’s adjusted gross revenue was less than $58.34 for the
month, Alpha Telcom would waive or reduce the 70-percent fee and
pay petitioners 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,
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Last modified: May 25, 2011