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Vendor hereby authorizes Operator to file a copy of this Agreement, or a memorandum of this Agreement, upon the real estate records or the Location. Should Operator determine in its sole discretion that revenue is not sufficient to warrant operation of the Equipment at the Location, Operator may terminate this Agreement, without liability to Vendor other than Commission due and payable to Vendor through the date of termination, upon thirty (30) days written notice, and Operator may then remove the Equipment from the I.,ocation. 5. Surcharge and Commission. Operator and Vendor agree that the Equipment shall be programmed by Operator to charge customers the surcharge amount Surcharge") specified below for each chargeable transaction, and the Vendor will receive the commission amount ("Commission") specified below for each chargeable transaction after the first fifty (50) transactions per calendar month on the Fquipment. Commissions will be paid on a monthly basis to Vendor. Vendor agrees that payment of Commission is contingent upon the prompt completion and return of an Owner/Operator Agreement, a document which gathers information required to comply with the United States Patriot Act, and which document is made a part of this Agreement by this reference. 6. Cash Loading. The person or entity responsible for cash loading of the Equipment is identified below. If Vendor (or its designated third party) is responsible for cash loading of the Equipment, Vendor shall complete and return to Operator the document entitled "ATM Cash Loader Profile" or its equivalent. which document is made a part of this Agreement by this refi:rence. If Vendor (or its designated third parts,) is responsible for cash loading, the failure to load cash within five (5) day, s of a cash outage steal I be deemed a material breach of this Agreement. 7. Insurance. Vendor agrees to protect the Equipment from loss, theft. damage, or destruction. Vendor shall procure and maintain property insurance protecting the Equipment against loss, theft, damage or destruction in an amount equal to three thousand dollars. Vendor shall require its insurer to provide to Operator a certificate of insurance designating Operator as an additional insured and loss payee. 8. Assignment. Operator reserves the right to assign its rights, title and interest in and to the Equipment and/or this Agreement. Upon transfer of Vendor's business it shall be Vendor's sole responsibility to obtain written assignment of this Agreement to Vendor's intended transferee, and Vendor agrees it shall remain bound under this Agreement until it delivers such assignment to Operator in a form acceptabic to Operator. Any attempted assignment by Vendor is void until such time as Operator consents in writing to such assignment. Operator's consent shall not be unreasonably withheld. 9. Severability. Should any of the Provisions of this Agreement be held illegal, invalid, or unenforceable,, then such provision(s) shall be deemed null and void without invalidating the remaining provisions of this Agreement. 10 Network Rules and Rec.,ulations. Vendor understands and agrees that the Equipment (and the ATM transactions originating from, the Equipment) is subject to strict operating rules and regulations of each ATM network-, and Vendor agrees to comply with such network rules and regulations. Operator reserves the right to add, delete or change ATM network affiliations from time to time. Vendor agrees to provide a safe and secure environment for the Equipment and customers utilizing the Equipment. Vendor shall not capture, or attempt to capture, the personal identification number of any person utilizing the equipment. 11. General Good Faith Obligations. Each of Operator and Vendor agree that it will use its good faith efforts to comply with all applicable local, state and federal laws, ordinances, rules and regulations concerning the placement and operation of the Equipment. ATM SITE I Location Agreement Rev 09101107