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ATM SrFE / LOCATION AGREEMENT E, mHenB3TCi
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<br />This ATM Site / Location Agreement ("Agreement") is made and entered into as of the dale identified
<br />below (the "Effective Date") by and between Ern A Pennv, Inc. ("Operator") and the person or entity (the
<br />"Vendor") identified at the signature block.
<br />1. Backaround-, Purpose. The Vendor owns or leases a retail or commercial location identified below (the
<br />"Location") and the Vendor desires to have an Automated Teller Machine ("ATM") installed at the
<br />Vendor's Location for the purpose of dispensing cash. Operator owns an ATM and associated
<br />communication equipment (collectively referred to as the "Equipment") that it wishes to place at the
<br />Vendor's Location. The Vendor and Operator, in consideration of the mutual promises herein expressed,
<br />here by agree to the terms and conditions of this Agreement. Each of Vendor and Operator
<br />acknowledge and agree that Ern A Penny, Inc. an Ohio corporation and a third party processing
<br />provider Payment Alliance International (PAI) is to provide all ATM transaction processing services for
<br />the Equipment at the Location.
<br />2. Placement. The placement of the Equipment will be in a mutually agreed upon area within the Vendor's
<br />Location in order to optimize visibility and accessibility. Vendor will permit Equipment to be bolted to
<br />floor for security. All Equipment is the sole and exclusive property of the Operator, and title to the
<br />Equipment will at all times remain with the Operator. Vendor will keep the l"quiptnent free of all claims,
<br />levies, and encumbrances. Vendor agrees to provide full public access to Equipment during Vendor's
<br />typical business hours. Vendor will allow access to Operator for installation, servicing, repair, and
<br />maintenance of the Equipment and agrees to promptly notify Operator of the need for service and repair
<br />on the Equipment. Vendor further agrees that Operator shall have the exclusive right to open, adjust,
<br />remove, disconnect, service, repair, maintain, replace, or alter the Equipment, and to offer advertising
<br />on the Equipment. Operator will be responsible for all operating expenses and maintenance cost of
<br />Equipment other than the supply of Electricity, Internet or phone service to operate the Equipment and
<br />which is to be provided by Vendor at its expense.
<br />3. Exclusivity. Operator is hereby granted the exclusive right to operate one or more. A,rMs at the Location
<br />during the term of this Agreement. Vendor shall promptly remove, and shall keep the Location clear,
<br />both inside and out of any and all ATMs other than the Equipment that is the subject of this Agreement.
<br />Ern A Penny, Inc. is hereby designated as the exclusive provider of ATM transaction processing
<br />services at the Location. and Vendor agrees that it will not subscribe to any other ATM processing
<br />service provider during the term of this Agreement. One (1) year
<br />4'Lenin and "termination. This Agreement shall be binding upon Oper tor and Vendor, their heirs,
<br />executors. administrators, successors and assigns for a term of 45), years, con- unenci n g 0 14- the
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<br />Effective Date,.This ,kgreement,shall-,t,,hctcitfter automatically renewitself a, V ,- end,of,the initial terna
<br />orarly rcnck:l,termr furan additional five,�-5), year t-crim--unicss-the Vendor-givCS -ntr Opt-ratorm
<br />of termination ofthis,AgTeemneat-by , certifiled rriait noti of"he
<br />term. If this Agreementis terminated without cause by Vendor prior to expiration
<br />of the initial teen or any rencvv-al tcrrrc, Operator, acting directly or indirectly through PAI, shall be
<br />specifically authorized to retain the last sixty (60) days of Commission as reimbursement for its initial
<br />set up expenses as well as being entitled to compensation for the loss of income for the remainder of the
<br />term caused by such early termination, Loss or income shall be detcri-pined utilizing an average of
<br />monthly revenue realized by Operator during the period of time the Equipment was in operation at the
<br />Location, or three hundred dollars per month, whichever is greater.
<br />ATM SfTE f LOCATION AgtaemaN RevO9101107
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