Gonzales v. Kentucky Derby Co., 197 App. Div. 277, 189 N. Y. Supp. 783.

Agreement made..........192 , between.............., a New York corporation, hereinafter called the Company, and..............., hereinafter called...........(name),

WITNESSETH:

In consideration of the undertaking, promises and agreements and subject to the conditions and covenants hereinafter set forth, the said parties hereto, for themselves, their successors and assigns, mutually agree as follows:

1. The said company, owner of the patent rights covering the game or device known as..........hereinafter mentioned, does hereby lease to the said...........for a term of (......) years from the date hereof,............., and does grant to said..........all the rights and privileges to use and operate the same during the said term as hereinafter set forth.

2. The said Company agrees to install said device or game, or cause the same to be installed with complete equipment, ready for operation, on or before.........., on premises to be furnished by the said..........., on the thoroughfare known as.........., and agrees to provide a license for said.........

and pay the license fee therefor required by the municipal authorities.

3. The said..........agrees to pay to the said Company, for the use of said game or device, and the rights and privileges hereinafter set forth, the sum of..........($......) dollars, payable as follows:

(a) (b)

(c)

4. The said Company agrees that it will not itself, operate or sell or lease to any other person, firm or corporation, any other..........game or device, to be operated on the thoroughfare known as..........during the season of..........

or as long thereafter as the said........wishes to have the exclusive right to operate the same game or device on said thoroughfare, as hereinafter provided.

5. The said .........agrees to furnish a suitable place for the installation of said game or device, on the thoroughfare known as.. ......., with proper electric connections for said installation, and agrees to operate such game or device at no other place on..........except on the said thoroughfare known as.........during the said season of...........

But, in the event that the Municipal or other authorities should, for any reason, prevent the said..........from operating said game or device on said thoroughfare during the said season of.........., or if it shall become impracticable, or unprofitable, for any reason to operate said game or device on said thoroughfare during said season then the said.........

may, at his own expense remove such game or device from said thoroughfare, and operate same at any other place in any part of the United States where the said Company is not at that time operating a similar game or device, or has not at that time given to any other person, firm or corporation the exclusive right to operate any similar game or device.

6. At the close of the said season of.........., the said

..........may remove the said game or device from the said

.........., and operate the same in any other place in any part of the United States where the said Company is not at that time operating a similar game or device, or has not at that time given to any other person, firm or corporation the exclusive right to operate any similar game or device.

7. The said..........agrees to conduct the said game or device in a lawful and orderly manner and to comply with all Municipal ordinances and regulations in respect to the same, and agrees that any coupon or certificate given by the said

..........to any customer, as evidence of the winning of a race, shall be marked, so as to indicate that the same is given at the game or device operated by the said.........., and not at any game or device operated by the said Company! or by any other person, firm or corporation, which may be operating a similar game or device, at any other place.

8. The said Company agrees to furnish the said..........

during the term of this agreement, all spare and repair parts, which may be required, and all improvements, which may be hereafter made in connection with the said game or device, at the cost price thereof, plus..........%.

9. It is mutually agreed that the said...........may at his option obtain from the said Company the exclusive right to operate said game or device on the said thoroughfare referred to as the........., for season of........., and for the seasons subsequent thereto, upon giving notice in writing to the said Company of his election to exercise such option at theoffice of said Company at New York City on or before the 1st day of

..........in each and every year, begining with the year.....

......, and upon paying or tendering to the said Company the sum of $..........at the time of giving said notice. But in the event that the said..........fails to exercise this option in any one year, this option shall cease for all subsequent years, but the other provisions of this agreement shall continue to remain in full force and effect until the expiration thereof.