Common use of AUTOMATED TELLER MACHINE Clause in Contracts

AUTOMATED TELLER MACHINE. The Original Tenant, and any Affiliate to which Tenant's entire interest in this Lease has been assigned pursuant to Section 15.7 below, shall have the exclusive right during the Lease Term to install and use one (1) automated teller machine ("ATM") (and any replacements of such ATM with any other banking safety and service equipment as Tenant may deem desirable, subject to Landlord's prior approval, based on subsequent technical and competitive developments); provided, however, in the event Tenant fails to commence the functioning and service (allowing for customer and non-customer use) of such ATM within one hundred eighty (180) days following the Lease Commencement Date, or fails at any time during the Lease Term to continously provide the funding and service of such ATM for more than ninety (90) consecutive days, such right to use and install the ATM shall be on a non-exclusive basis during the Lease Term. Tenant's right to install the ATM shall be subject to and conditioned upon Tenant obtaining, at Tenant's sole cost and expense, all required governmental approvals and Landlord's prior written approval as to materials, design, exact location, quality and all other specifications thereof (including Tenant's name and/or logo on such ATM). The ATM shall be installed and maintained, at Tenant's sole cost and expense, pursuant to an installation and maintenance program approved by Landlord. Upon the expiration or early termination of this Lease, Tenant shall, at its sole cost and expense, remove the ATM and return that portion of the Building and Leased Premises to the same or substantially similar condition as existing immediately prior to Tenant's installation of such ATM, reasonable wear and tear excepted. If Tenant fails to remove such ATM and restore the Building and Leased Premises as provided in this Section 9.5 within ten (10) days following the expiration or early termination of this Lease, then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within ten (10) days after Tenant's receipt of invoice therefor.

AUTOMATED TELLER MACHINE. The Original Tenant, and any Affiliate to which Tenant's entire interest in this Lease has been assigned pursuant to Section 15.7 below, (S); NIGHT DEPOSITORY(IES). Tenant shall have the exclusive right at all times during the Lease Term and Renewals thereof, the right to install and use one (1) maintain at its expense an automated teller machine machine(s) ("ATMATM(S)") (and night depository(ies) within the Premises or other portion of the Project accessible at all times by the public, and visible to the exterior of the Building at no additional rental charge. Landlord agrees that during the Term, including any replacements of such ATM with Renewal Term(s), Landlord shall not lease, or permit the installation of, any other banking safety ATM(s) and service equipment as night depository(ies), by any party other than the Tenant may deem desirable, subject to Landlord's prior approval, based on subsequent technical and competitive developments); provided, however, in the event Tenant fails to commence the functioning and service (allowing for customer and non-customer use) of such ATM within one hundred eighty (180) days following the Lease Commencement Date, or fails at any time during the Lease Term to continously provide the funding and service of such ATM for more than ninety (90) consecutive days, such right to use and install the ATM shall be on a non-exclusive basis during the Lease Term. Tenant's right to install the ATM shall be subject to and conditioned upon Tenant obtaining, at Tenant's sole cost and expense, all required governmental approvals and Landlord's prior written approval as to materials, design, exact location, quality and all other specifications thereof (including Tenant's name and/or logo on such ATM). The ATM shall be installed and maintained, at Tenant's sole cost and expense, pursuant to an installation and maintenance program approved by Landlord. Upon the expiration or early termination of this Lease, Tenant shall, at its sole cost and expense, remove the ATM and return that portion of the Building or Project. The location, appearance and Leased Premises lighting of the ATM(s) and night depository(ies) shall be mutually agreed upon by Tenant and Landlord, which such agreement shall not be unreasonably withheld, conditioned or delayed. At the expiration or earlier termination of the Lease, Tenant, at its expense, shall remove the ATM(s) and/or night depository(ies). Any work required to the same or substantially similar condition as existing immediately prior to Tenant's installation of such ATM, reasonable wear and tear excepted. If Tenant fails to remove such ATM and restore the Building from any damage occasioned by the installation, maintenance, relocation or removal of the ATM(s) and/or night depository(ies) shall be borne by Tenant. Tenant shall indemnify and Leased Premises as provided in this Section 9.5 within ten (10) days following the expiration or early termination of this Leasehold harmless Landlord from all costs, then Landlord may perform such workdamages, expenses, liabilities, and all costs and expenses incurred suits, including reasonable attorneys' fees, occasioned by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within ten (10) days after Tenant's receipt installation, maintenance, relocation, removal or use of invoice thereforthe ATM(s) and/or night depository(ies), including without limitation, any damage to Property and/or injury or death to persons caused thereby from the installation, maintenance, and operation. Notwithstanding the foregoing, the Landlord is responsible for maintenance of lighting, landscaping and access to, from and around the ATM(s) and the Landlord shall at all times comply with the requirements of Sections 655.960 through 655.965 of Florida Statutes (1993) inclusive and shall indemnify and hold harmless the Tenant from all costs, damages, expenses, liabilities, and suits, including reasonable attorneys' fees, including without limitation, any damage to Property and/or injury or death to persons caused by the Landlord failure to comply with said Statutes, unless the loss resulted from modifications to the ATM made by Tenant.

AUTOMATED TELLER MACHINE. The Original Tenant, and any Affiliate to which Tenant's entire interest in this Lease has been assigned pursuant to Section 15.7 below, (a) Tenant shall have the non-exclusive right during the Lease Term to install and use one (1) automated teller machine ("ATM") (and any replacements of such ATM with any other banking safety and service equipment as Tenant may deem desirableright, subject to Landlord's prior approvalthe provisions hereof, based on subsequent technical to maintain and competitive developments); provided, however, in the event Tenant fails to commence the functioning and service (allowing for customer and non-customer use) of such ATM within one hundred eighty (180) days following the Lease Commencement Date, or fails at any time during the Lease Term to continously provide the funding and service of such ATM for more than ninety (90) consecutive days, such right to use and install the ATM shall be on a non-exclusive basis during the Lease Term. Tenant's right to install the ATM shall be subject to and conditioned upon Tenant obtainingoperate, at Tenant's ’s sole cost and expense, one (1) “point-of-sale” electronic fund transfer processing system utilizing debt and credit cards (which system(s), together will all required governmental approvals related equipment, wiring, accessories and Landlord's prior written approval identifying signage, shall hereinafter be defined as to materials, design, exact location, quality an “ATM”) in a location approved in advance in writing by Landlord and all other specifications thereof publicly accessible twenty-four (including Tenant's name and/or logo on such ATM)24) hours a day. The ATM shall be installed exclusively for the use of Tenant’s customers. (b) The maintenance of the ATM shall comply with the provisions of Article 6 of the Lease and maintainedthis Article 42. Such ATM shall be accessible to the general public and shall be considered Premises for all purposes under this Lease. Tenant shall, at Tenant's ’s sole cost and expense, comply with all Laws, state and local permits, licenses and approvals applicable to the use and operation of the ATM, including, without limitation, the Americans with Disabilities Act. Tenant shall pay all real property, personal property and any other taxes or fees assessed or imposed in connection with the ATM or the use thereof. (c) Tenant shall maintain, at Tenant’s sole cost and expense, the ATM and the areas in the vicinity thereof in a clean, good condition and shall service the ATM regularly. Landlord shall have no responsibility for the ATM and shall not be liable for any damage or disruption to it however caused, including without limitation, due to a disruption in electrical or telecommunications service. (d) Subject to the terms of this subsection (d) and to all applicable Laws, Tenant shall provide all security measures that are customary for similar facilities in the vicinity of the Building and consistent with standard and customary banking practices. Landlord hereby acknowledges and agrees that Tenant is subject to certain regulations and other applicable Laws regarding required security measures for banking institutions an specifically to automated teller machines. Accordingly, Landlord shall in no event withhold consent to Tenant’s installation of security procedures and measures applicable to the ATM that are required by such applicable Laws; provided that the same shall be installed and implemented pursuant to an installation and maintenance program approved by Landlord. Upon the expiration or early termination terms of this Lease. Tenant shall pay any reasonable, out of pocket, third party costs incurred by Landlord in connection with reviewing and approving Tenant’s security measures. Subject to compliance with all applicable Laws, Landlord may reasonably restrict the hours of operation of the ATM or require Tenant to temporarily discontinue service in connection with Landlord’s maintenance and repair of the Building, or if necessary in Landlord’s good faith judgment for the security of the Building or its occupants or contents without such action being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises or entitling Tenant to any abatement of rental or other monies. (e) Tenant shall be responsible for assuring that the maintenance, operation, use and removal of the ATM shall in no way damage any portion of the Building. Tenant agrees to be responsible for any damage or loss caused to the Building, or any of its occupants or contents, in connection with the installation, maintenance, operation, use or removal of the ATM and Tenant agrees to indemnify, defend and hold harmless Landlord and the Landlord Parties from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects’, consultants and attorneys’ fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Parties in connection with the maintenance, operation, use or removal of the ATM. If for any reason, the use of the ATM shall result in an increase in the amount of the premiums for any insurance coverage maintained by Landlord on the Building, then Tenant shall be liable for the full amount of any such increase (Landlord shall provide reasonable documented evidence reflecting such increased coverage requirements). Tenant shall cause the insurance policies required to be maintained by Tenant pursuant to the Lease to cover the ATM and any claims and liabilities arising in connection with the use thereof. (f) Tenant shall, at its Tenant’s sole cost and expense, remove the ATM and return that portion prior to the expiration or earlier termination of the Building Lease, as may be extended, and Leased Premises restore the affected areas to the same or substantially similar condition as existing immediately prior to Tenant's installation of such ATMtheir previous condition, reasonable wear and tear excepted. If Tenant fails shall repair any damage caused by such removal, including the patching of any walls and holes to remove such match, as closely as possible, the color surrounding the areas where the ATM and restore was installed. Landlord makes no representations as to the suitability of the Building for the ATM, whether or not the ATM was installed under applicable zoning ordinances or other Laws, or to the safety or security of the Building and Leased Premises as provided in this Section 9.5 within ten (10) days following how the expiration or early termination same would be affected by the installation of this Lease, then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within ten (10) days after Tenant's receipt of invoice thereforthe ATM.