BRINK’S LIABILITY Clause Samples

BRINK’S LIABILITY. A. Subject to the terms of the Agreement, ▇▇▇▇▇’▇ Maximum Liability Amount for the Services under this COIN PROCESSING SOW shall be per Facility per day. Vault Location Maximum # of Pallets per Facility per Day Maximum Liability Amount per Facility per Day $ ▇▇▇▇▇’▇ MAXIMUM LIABILITY AMOUNT PER SHIPMENT SHALL BE $ MAX_LIABILITY B. In the event there is a shortage or overage in excess of $100.00 in a Shipment, or frequent recurring minor shortages or overages relating to Brink’s count of any Coin, the parties shall fully cooperate in conducting an investigation. To the extent reasonably possible, shortages and overages shall be resolved by the findings of such investigation.

BRINK’S LIABILITY. Brink’s shall be liable for, and shall indemnify and hold harmless the BHS Group from and against any liability for, Taxes that are allocated to Brink’s under this Article II.

BRINK’S LIABILITY. Brink’s shall be liable for, and shall indemnify and hold harmless the BHS Group from and against any liability for: (i) any Taxes imposed pursuant to Treasury Regulation Section 1.1502-6 (or any similar provision of foreign, State or local Tax law) on any member of the BHS Group solely as a result of such member’s being a member of the Brink’s Affiliated Group (or similar group under foreign, State or local Tax law);

BRINK’S LIABILITY. A. Subject to the terms of the Agreement, BRINK’S MAXIMUM LIABILITY AMOUNTS FOR THE SERVICES UNDER THIS SOW SHALL BE AS SET FORTH IN SECTON 5(F) BELOW. ▇. ▇▇▇▇▇’▇ agrees to assume responsibility against Loss by holdup or robbery of any Property contained in an ATM up to and including the applicable Maximum Liability Amounts during the time period commencing when ▇▇▇▇▇’▇ employee or agent actually arrives at the room or immediate area of the ATM in the performance of this Agreement and terminating after ▇▇▇▇▇’▇ employee or agent secures the ATM. ▇. ▇▇▇▇▇’▇ liability for Loss of any ATM Cards, coupons, event tickets, travelers checks and all non-currency Property contained in deposit envelopes (“Items”), shall not exceed the cost of identifying and replacing or reprinting such Items. ▇. ▇▇▇▇▇’▇ shall not be liable for all currency accepted into an Image ATM note acceptor, with any discrepancies to be handled as set forth in this SOW. Brink’s shall not accept liability for a Loss caused by a technology malfunction; provided, however, Customer may request a meeting between ▇▇▇▇▇’▇ and Customer to investigate the circumstances and resolve issues to the extent possible. E. Notwithstanding anything in this ATM Services SOW or the Agreement to the contrary, ▇▇▇▇▇’▇ shall not be liable for Loss of any Property in an ATM which is caused by, due to the occurrence of, or in the event of (i) any machine or system malfunction not caused by the negligence or willful misconduct of any agent or employee of Brink’s, (ii) mistaken or fraudulent instructions electronically transmitted to an ATM by any person other than an employee or agent of Brink’s, (iii) authorized or unauthorized access to an ATM or its contents by any person, under contract or otherwise (other than an employee or agent of Brink’s) for maintenance or any other reason, (iv) unexplained shortages, (v) access to an ATM by forced entry, or (vi) a Nominal Shortage. F. Maximum Liability Amount(s): (Insert applicable liability amounts below) Per bulk Shipment of currency and other Property transported to a Brink’s Facility: Per Shipment of currency transported from a Brink’s Facility to an ATM location: Per ATM (Property deposited into an ATM): Per Deposit Collection removed from any one ATM: Per Shipment of currency removed from an ATM (exclusive of a Deposit Collection): Per Shipment of currency transported from a Brink’s Facility to a designated bank: Per Inventory of currency maintained at any one Brink’s fa...

BRINK’S LIABILITY. A. Subject to the terms of the Agreement, BRINK’S MAXIMUM LIABILITY AMOUNT FOR THE SERVICES UNDER THIS CASH VAULT SOW SHALL BE LISTED IN EXHIBIT A. B. In the event there is a shortage in excess of $1,000.00 for Currency, $100.00 for Coin, or frequent recurring minor shortages relating to ▇▇▇▇▇’▇ count of any Currency or Coin, the parties shall fully cooperate in conducting an investigation. To the extent reasonably possible, shortages and overages shall be resolved by the findings of such investigation. Each party agrees to inform the other party promptly in the event it discovers a shortage or overage. C. For Currency and/or Coin contained in a Shipment consigned to Customer by a Mutual Customer, Customer will only assert a claim for a Loss for such Currency and/or Coin if Customer has issued non-provisional credit to the Mutual Customer’s account for the value of the Shipment. ▇. ▇▇▇▇▇’▇ shall not be liable for any difference in count of the actual number of individual bills in a Standard Strap of Currency which Brink’s verifies by strap count, and, in handling any Shipment of Currency and/or Coin, Brink’s strap count or piece count, as applicable, shall be binding and conclusive for all purposes. E. If Customer requests that ▇▇▇▇▇’▇ store an amount over the Maximum Liability Amount (“Excess Liability”), the Maximum Liability Amount will be increased if: (i) mutually agreed in a written amendment signed by the parties prior to ▇▇▇▇▇’▇ receiving the Excess Liability; and (ii) Customer is able to show that prior to the Loss, Customer paid to Brink’s the additional charges associated with storing the Excess Liability.

BRINK’S LIABILITY whether as a result of breach of contract, tort, indemnity, warranty or otherwise, shall not, under any circumstances, include lost profits, special, incidental, consequential, indirect or punitive losses or damages, interest or attorneys’ fees, whether or not caused by the fault or neglect of Brink’s and whether or not Brink’s had knowledge that such losses or damages might be incurred.

BRINK’S LIABILITY. Brink’s agrees to assume the liability for loss, damage or destruction of the Metal stored in each Brink’s Facility up to the maximum liability amount applicable to the respective Brink’s Facility as set forth in Appendix ▇. ▇▇▇▇▇’▇ liability shall commence when possession of the Metal is taken at the Brink’s Facility, upon a Brink’s employee or agent signing a receipt for the Metal, following a physical count of the number of bars, coins or other form of Metal by the Brink’s Facility and Brink’s liability shall terminate when the Metal has been delivered from the Brink’s Facility to a carrier designated by Customer and the Brink’s Facility gets a receipt therefor. For the sake of clarity, where the carrier designated to transport the Metal is Brink’s or a Brink’s affiliate, such transportation shall be under a separate transport agreement between Brink’s or a Brink’s affiliate and Customer, and liability for loss, damage or destruction of the Metal during transport shall be governed by the terms and conditions of such transport agreement. It is understood and agreed that Brink’s maximum liability for any loss, damage or destruction of Metal is up to (but not exceeding) the applicable limit set forth in Appendix A for the respective Brink’s Facility, notwithstanding anything to the contrary contained in any invoice, receipt or other document delivered or received by the Brink’s Facility relating to the Metal handled by the Brink’s Facility under this Agreement. The parties hereto expressly understand and agree that Brink’s does not assume any liability as to the authenticity or assay characteristics of any Metal. It is further understood and agreed that the Brink’s Facility’s count of the Metal deposited in the Accounts shall be binding and conclusive.

BRINK’S LIABILITY. Brink’s shall be liable for, and shall indemnify and hold harmless the BHS Group from and against any liability for: (i) any Taxes imposed pursuant to Treasury Regulation Section 1.1502-6 (or any similar provision of foreign, State or local Tax law) on any member of the BHS Group solely as a result of such member’s being a member of the Brink’s Affiliated Group (or similar group under foreign, State or local Tax law); (ii) any Tax resulting from a breach by Brink’s of any covenant in this Agreement, the Separation and Distribution Agreement or any Ancillary Agreement; and (iii) any Tax-Related Losses for which Brink’s is responsible pursuant to Section 7.04.

BRINK’S LIABILITY. A. Subject to the terms of the Agreement, BRINK’S MAXIMUM LIABILITY AMOUNT FOR THE SERVICES UNDER THIS ARMORED TRANSPORTATION SERVICES SOW SHALL BE $133,750.00 PER SHIPMENT UNLESS OTHERWISE DESIGNATED IN A LOCATIONS ATTACHMENT. ▇. ▇▇▇▇▇’▇ is not responsible for determining the contents or value of any Shipment. C. Night Depository (if applicable). ▇▇▇▇▇’▇ shall not be liable for any Property contained in a Night Depository. Customer agrees that such Property shall be in ▇▇▇▇▇’▇ possession only after ▇▇▇▇▇’▇ removes the Property from the Night Depository. ▇▇▇▇▇’▇ count of the number of items collected from a Night Depository is binding and conclusive. ▇▇▇▇▇’▇ shall not be liable for any unexplained Night Depository shortage. Customer is responsible for assuring that the Night Depository is secure.