Business ATM Template

Business ATM Agreement

Recitals

This Business ATM Agreement ("Agreement") is made effective as of Effective Date: by and between the parties identified below.

WHEREAS, Host Business owns or controls the premises where an automated teller machine ("ATM") may be installed and operated; and

WHEREAS, ATM Provider is engaged in the business of providing, installing, operating and servicing ATMs and desires to install and operate an ATM at Host Business' premises pursuant to the terms below.

NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the parties agree as follows.

Scope of Work

ATM Provider will supply, install, maintain and operate an ATM at the premises identified in this Agreement. Services include procurement of the ATM hardware, routine maintenance, cash replenishment arrangement, software updates, and transaction processing as described in the Scope of Work field below. Host Business will provide reasonable, safe, and accessible space for installation and operation of the ATM.

Payment Terms

Host Business shall receive compensation from ATM Provider in accordance with one or more of the following methods. Select the applicable compensation method(s) and complete corresponding fields.

Fixed Monthly Fee

Percentage of Net Withdrawal Fee Revenue

Payment shall be remitted to Host Business no later than days following the end of each calendar month. Late payments shall accrue interest at % per month or the maximum permitted by law, whichever is lower. A minimum late fee of may be assessed.

Term and Termination

The term of this Agreement shall commence on Start Date: and continue until End Date: unless earlier terminated as set forth below.

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches any obligation and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach. Host Business may terminate immediately if the ATM materially interferes with operations or creates an imminent safety hazard. Upon termination, ATM Provider shall remove its ATM within ten (10) business days unless otherwise agreed in writing, and shall repair any damage to the premises caused by removal.

Confidentiality

Each party shall keep confidential all non-public business information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information shall not include information that is publicly known through no fault of the receiving party, independently developed, or rightfully received from a third party without restriction. The receiving party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own similar confidential information, but in no event less than reasonable care.

Insurance and Indemnification

ATM Provider shall maintain commercial general liability insurance, property insurance for the ATM equipment, and such other coverage as reasonably required by Host Business. ATM Provider shall name Host Business as an additional insured with respect to the operation of the ATM. ATM Provider shall indemnify, defend and hold harmless Host Business and its officers, directors, employees and agents from and against any claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of ATM Provider's installation, operation, servicing, maintenance or removal of the ATM, except to the extent caused by Host Business' gross negligence or willful misconduct.

ATM Provider shall provide proof of insurance prior to installation and upon reasonable request thereafter.

Compliance; Permits

ATM Provider shall comply with all applicable laws, rules and regulations governing ATM installation and operation, including payment system rules, and shall obtain and maintain all permits and consents required for the ATM and its operation. Host Business shall cooperate in obtaining any landlord consents or building approvals reasonably necessary for installation.

Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth below or such other address as a party may designate by written notice. Notices shall be deemed given upon personal delivery, three (3) days after deposit with a nationally recognized overnight courier, or five (5) days after mailing by certified mail, return receipt requested.

Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of . The parties submit to the exclusive jurisdiction of the state and federal courts located in that State for disputes arising under this Agreement.

Entire Agreement; Amendment

This Agreement, together with any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, representations and understandings. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Severability; Assignment

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that ATM Provider may assign to an affiliate or a purchaser of substantially all of its assets related to this Agreement.

Audit Rights

Host Business shall have the right, upon reasonable notice and during normal business hours, to inspect records reasonably necessary to verify payments owed under this Agreement. Any audit revealing an underpayment shall entitle Host Business to recover the underpayment, interest, and the reasonable cost of the audit if the underpayment exceeds two percent (2%) of the amounts that should have been paid for the audited period.

Sign Now