Edward Atlee Howes - Page 6




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          legal title to two pay telephones.  The ATC pay telephone                   
          agreement also included the following provision:                            
               1.  Bill of Sale and Delivery                                          
                    a.  Delivery by Seller shall be considered complete               
               upon delivery of the Equipment to such place designated by             
               Owner.                                                                 
                    b.  Owner agrees to take delivery of installed                    
               Equipment and location on site.                                        
                    c.  Upon delivery, Owner shall acquire all rights,                
               title and interest in and to the Equipment purchased.                  
                    d.  Owner authorizes ATC to enter into such site                  
               agreement as may be deemed necessary to secure site.                   
                    e.  Phones have approved installation under The                   
               American [sic] with Disabilities Act. (ADA)                            

               On the same day, petitioner entered into a Telephone                   
          Services Agreement (Alpha Telcom service agreement) under which             
          petitioner agreed that Alpha Telcom would manage the two pay                
          telephones.  Because petitioner did not feel able to maintain the           
          telephones himself, he elected “Level IIII” [sic] service.  This            
          election meant that Alpha Telcom agreed to service and maintain             
          the pay telephones for an initial term of 3 years in exchange for           
          70 percent of the pay telephones’ monthly adjusted gross revenue.           
          In the event that a pay telephone’s adjusted gross revenue was              
          less than $58.34 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 telephone’s adjusted gross revenue was less than           






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Last modified: November 10, 2007