Common use of Agreement Cancellation Clause in Contracts

Agreement Cancellation. 7.1 Either BROKER or OWNER may cancel its obligations under this AGREEMENT by serving 30 days written notice to the other party. In certain cases this 30 day notice may be accelerated at the sole discretion of BROKER, and management fees shall accrue throughout any period under notice regardless of management efforts of BROKER. Broker is not required to incur any further cost, including but not limited to, advertisement, inspections or repairs unless OWNER has supplied funds and written instruction to proceed with PROPERTY marketing, inspections, or continuing maintenance in progress. Should OWNER cancel this AGREEMENT for any reason whatsoever after a lease has been contracted or during the term of an active or month-to-month lease agreement, regardless of AGREEMENT end date, BROKER will be entitled to and OWNER shall pay management fees through the term of the lease agreement already in effect or bound by lease contract. OWNER will not be eligible to cancel and expressly waives all cancellation rights contained in this AGREEMENT at any time while indebted to BROKER or other parties contracted by BROKER for services, advertising or repairs. If cancellation is requested by OWNER when there exists a negative account balance, OWNER agrees to bring the account current with certified funds. Alternatively, BROKER reserves the right to utilize tenant security deposits held to bring the account current. OWNER acknowledges that if tenant security deposits held are used to bring OWNER’S account current that OWNER will still be responsible to tenant for the entire security deposit amount. Tenant security deposits held in trust, if any, will be transferred to OWNER within the 30 day notice period. OWNER has the responsibility to pick up all records, documents, keys etc., at BROKER’S business office listed above within 5 days of completion of the 30 day notice. Upon cancellation or termination of this AGREEMENT any collection efforts for delinquent payments due from former tenants, including judgments, will become the responsibility of OWNER. This AGREEMENT shall be binding upon the successors and assigns of the BROKER and the heirs, administrators, executors, successors, and assigns of the OWNER.

Agreement Cancellation. 7.1 Either BROKER or OWNER may Per terms of the Agreement, here’s what is required should you cancel its obligations under this AGREEMENT by serving 30 days prior to the 60-month mark: • You must provide 90 days’ written notice written notice to the Shamrock Group of your intentions to cancel. • You will pay the Shamrock Group the profit that we would have earned during the time remaining on the Agreement had you not canceled the agreement. • “Profit” is defined as the difference between Shamrock Group’s costs for the product listed in the Agreement and the price you are paying for product at time of cancellation. Check All Applicable Product Category Use per Year (Approximate) Peak Requirement for 1 month Approximate) Post-mix syrups, juices, frozen/liquid mixers gals gals Ice lbs lbs Gas lbs lbs Other The Product Requirements Agreement. Sets you up for your beverage, CO2 and ice needs. NEW AND USED EQUIPMENT PURCHASES When purchasing new or used equipment from the Shamrock Group, we issue our own 30-day warranty on parts and labor (in addition to the manufacturer’s warranty) when we install the equipment. One exception to this are beer systems we design and install. See page 19 for more information. • It is your responsibility to register any equipment bought from the Shamrock Group with the manufacturer. Should you fail to register, you will responsible for all labor, parts and truck charges, should the equipment malfunction during what was supposed to be the manufacturer’s warranty time. • When you purchase used equipment from us, you accept it in an as is condition, and that all subsequent maintenance and repair, beyond our 30-day warranty, shall be the responsibility and liability of the purchaser. • If Shamrock Group installs the equipment you purchase from us, we will install it in a professional and workmanlike manner. This does not warrant the installation, however, beyond the 30-days, or if you bring in any other company besides Shamrock Group to repair the equipment. • If the equipment is installed by anyone but us, our 30-day warranty stands for parts only. And, regardless before or after the 30 days, you will agree that Shamrock Group will never be held liable for any injury or damages arising out of the installation by another party. In certain cases this 30 day notice may be accelerated at • If after the sole discretion of BROKERmanufacturer’s warranty expires and your equipment malfunctions, and management fees shall accrue throughout any period under notice regardless of management efforts of BROKER. Broker it is not required to incur any further cost, including but not limited to, advertisement, inspections or repairs unless OWNER has supplied funds and written instruction to proceed with PROPERTY marketing, inspections, or continuing maintenance in progress. Should OWNER cancel this AGREEMENT for any reason whatsoever after a lease has been contracted or during the term of an active or month-to-month lease agreement, regardless of AGREEMENT end date, BROKER will be entitled to and OWNER shall pay management fees through the term of the lease agreement already in effect or bound by lease contract. OWNER will not be eligible to cancel and expressly waives all cancellation rights contained in this AGREEMENT at any time while indebted to BROKER or other parties contracted by BROKER for services, advertising or repairs. If cancellation is requested by OWNER when there exists a negative account balance, OWNER agrees to bring the account current with certified funds. Alternatively, BROKER reserves the right to utilize tenant security deposits held to bring the account current. OWNER acknowledges that if tenant security deposits held are used to bring OWNER’S account current that OWNER will still be responsible to tenant for the entire security deposit amount. Tenant security deposits held in trust, if any, will be transferred to OWNER within the 30 day notice period. OWNER has the your responsibility to pick up cover all records, documents, keys etc., at BROKER’S business office listed above within 5 days of completion of the 30 day noticerepair costs. Upon cancellation or termination of this AGREEMENT any collection efforts for delinquent payments due from former tenants, including judgments, will become the responsibility of OWNER. This AGREEMENT shall be binding upon the successors and assigns of the BROKER and the heirs, administrators, executors, successors, and assigns of the OWNER.PURCHASES (continued)