The URL can be used to link to this page

Home My WebLink AboutC04-401 Infinity CommunicationsInfinity Communications of Vail Corp P.O. Box 851, Edwards, CO 81632 970-926-3263 Location Agreement Name of Establishment: Eagle County Regional Airport _Contact Name: Chris Anderson Phone: 970-524-8246 Fax: 970-524-8247 Email: chris.anderson@eaglecounty.us Address: 0215 Eldon Wilson Rd. City: Gyps State: CO Zip: 81637 This Location Agreement, made this 2ta �3 day of November, 2004 by and between Infinity Communications of Vail Com. (hereinafter called "Internet Vendor") and Eagle County Air Terminal Corporation (hereinafter called the "Establishment") located at the above address. In consideration of the terms set forth, on a non- exclusive basis, the Establishment shall offer at no cost, necessary wall or floor space and a standard electrical outlet to place an "internet terminal" in the location above for revenue sharing purposes. Agreement may be extended for one (1) additional term of one (1) year with the express written consent of both parties within thirty (30) days of term expiration, unless earlier terminated as set forth herein. Terms and Conditions 1. Establishment agrees to an initial time frame of a minimum of 120 days placement in order to maximize visual recognition of the internet terminal with the property to reach all visitors or guests walking through the establishment. 2. Agreement shall commence on November 12, 2004 and shall end on November 11`h, 2005, unless terminated earlier as set forth herein. Agreement may be extended for one (1) additional term of one (1) year with the express written consent of both parties within thirty (30) days of term expiration, unless earlier terminated as set forth herein. 3. After the initial time frame set forth in Paragraph 1, Establishment may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Internet Vendor. 4. Payment of fees shall be 10% of the gross sales less the cost of the phone service and high speed internet service. Payment shall be made annually based on gross sales occurring during the term of the Agreement. Payment shall be sent to: Eagle County Air Terminal Corporation, P.O. Box 850, Eagle, CO 81631, within thirty (30) days of the current agreement end date or date of termination, whichever date occurs first. 5. Both parties agree this is a complete agreement between all parties, which supersedes all proposals for prior agreements written or oral, and all communications between the parties relating to the subject of this agreement. No alterations, amendments, changes or modifications to this Agreement shall be valid unless executed by an instrument in writing signed by both parties. 6. Internet Vendor shall install internet terminal in the location listed above and have access to the location to provide service on a routine basis. The Establishment may dictate the specific placement of the internet terminal at the location. Internet Vendor shall pay $100.00 for a badge allowing access to the secured portion of the terminal; $50 being refunded upon return of the airport terminal access badge. 7. Liens, claims, and encumbrances shall remain the responsibility of Internet Vendor and Internet Vendor shall at all times keep the internet terminal free of any and all liens, claims or encumbrances. 8. To the extent allowable by law, both parties shall indemnify, defend, and hold harmless the other party and its associated affiliates, its agencies, departments, officers, agents, employees, '..4 S400 servants and its successors from and against any and all damages, claims, liabilities, losses, costs and expenses whatsoever including, without limitation, reasonable attorney fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions of, or representations by, the indemnifying party in the performance of this Agreement. This indemnification shall not apply to claims by third parties against the indemnified party to the extent that the indemnified party is liable to such third party for such claim without regard to the involvement of the indemnifying party. 9. This Agreement remains in effect upon transfer of Internet Vendor ownership or assignment. Internet Vendor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of Establishment. Any assignment without the prior written consent of Establishment shall cause this Agreement to terminate. 10. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 11. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either party because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. 12. Any notice required under this Agreement shall be given in writing by registered or certified mail; return receipt requested which shall be addressed as follows: ESTABLISHMENT: Eagle County Air Terminal Corporation 1193 Cooley Mesa Road Gypsum, CO 81637 INTERNET VENDOR: Infinity Communications of Vail Corp. P.O. Box 851 Edwards, CO 81632 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. EAGLE TJ TY TERMINAL CORPORATION V. Chris An erson, Airport Administration Manager INFINITY COMMUNICATIONS OF VAIL CORP I By: Name: �t w f I'((P5c"y� Title: Ffe ? 2�i1