ATM LOCATION AGREEMENT
THIS ATM LOCATION AGREEMENT ("Agreement") is made on [Date], by and
between [Debt Collection Business Name] ("Owner"), an Ohio corporation with its
principal place of business located at [Address], and [Location Owner Name]
("Location Owner"), with its principal place of business located at [Address].
WHEREAS, Owner is engaged in the business of providing automated teller
machine ("ATM") services to the public and wishes to place one of its ATMs at the
location of Location Owner.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
1. Placement of the ATM.
1.1 Location Owner agrees to allow Owner to place one of its ATMs at the
location of Location Owner. The ATM will be installed in a mutually agreed
upon location, and Owner shall have the right to access the ATM for
servicing, maintenance, and replenishment of cash. Location Owner shall
not interfere with Owner’s access to the ATM.
2. Term.
2.1 The initial term of this Agreement shall be for [Number of Years] years,
commencing on [Date] and ending on [Date]. This Agreement shall
automatically renew for successive [Number of Years] year terms unless
either party gives written notice of termination at least 120 days prior to the
end of the then-current term.
3. Theft Clause.
3.1 Owner shall be responsible for any theft, loss of funds, vandalism among
others associated with the ATM, and shall maintain adequate insurance to
cover such losses. Location Owner shall not be responsible for any theft or
loss of funds associated with the ATM. In the event of theft or loss, Owner
shall notify Location Owner as soon as reasonably practicable.
4. Location Protection.
4.1 Location Owner shall protect and maintain the location of the ATM and the
surrounding area in a safe and secure condition. Location Owner shall
promptly report to Owner any damage to the ATM or the surrounding area,
and shall take all reasonable steps to prevent damage to the ATM or the
surrounding area. Location Owner shall provide reasonable security
measures for the protection of the ATM.
5. Damage Responsibility.
5.1 Location Owner shall be responsible for any damage to the ATM caused
by Location Owner or its agents, employees, or customers. Owner shall be
responsible for any damage to the ATM caused by Owner or its agents,
employees, or contractors. If the damage to the ATM is caused by a third
party, the party responsible for the third party shall be liable for the
damage.
6. Indemnification.
6.1 Each party shall indemnify and hold harmless the other party, its officers,
directors, employees, and agents from any and all claims, damages, or
expenses arising out of or in connection with the performance of this
Agreement, except to the extent that such claims, damages, or expenses
are caused by the negligence or willful misconduct of the indemnified
party.
7. Governing Law.
7.1 This Agreement shall be governed by and construed in accordance with
the laws of the State of Ohio, without giving effect to any choice or conflict
of law provision or rule.
8. Entire Agreement.
8.1 This Agreement constitutes the entire agreement between the parties and
supersedes all prior negotiations, understandings, and agreements
between the parties, whether oral or written. This Agreement may not be
amended except in writing signed by both parties.
9. Notices.
9.1 Any notice or communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered personally or sent by
certified mail, return receipt requested, postage prepaid, to the party at the
address set forth below, or to such other address as such party may
designate by written notice to the other party:
If to Owner:
[Debt Collection Business Name] [Address] [City, State ZIP Code]
If to Location Owner:
[Location Owner Name] [[Address] [City, State ZIP Code]
10. Assignment.
10.1 Location Owner may not assign this Agreement without the prior
written consent of Owner. Owner may assign this Agreement without the
prior written consent of Location Owner.
11. Waiver.
11.1 The failure of either party to enforce any provision of this Agreement
shall not be construed as a waiver of such provision or of the right to
enforce such provision.
12. Counterparts.
12.1 This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
[Debt Collection Business Name]
By: ___________________________ Authorized Signatory
[Location Owner Name]
By: ___________________________ Authorized Signatory
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