Common use of Acceptance of Bailment Clause in Contracts

Acceptance of Bailment. From and after delivery of Currency to the ATMs by Carrier, and until the Currency is dispensed from the ATMs to customers of the ATMs and the amount thereof is repaid to Elan, plus Elan’s fees and charges, the ATM Owner and the ATM Manager hereby jointly and severally assume all responsibility and bear all risk of loss for the transfer, handling and settlement of the Currency, including without limitation, loss suffered or created by theft, damage, destruction, fraud, dispute resolution or incorrect dispensing. (reference Exhibit C) ATM Owner and ATM Manager shall jointly and severally indemnify, defend and hold Elan harmless from any loss, cost or expense incurred by Elan with regard to the Currency. Carrier shall indemnify, defend and hold Elan harmless from any Loss incurred by Elan if such Loss is the responsibility of Carrier as described in Exhibit B, attached hereto and incorporated herein by this reference.

Appears in 4 contracts

Samples: Cash Provisioning Agreement (TRM Corp), Cash Provisioning Agreement (TRM Corp), Cash Provisioning Agreement (TRM Corp)

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Acceptance of Bailment. From and after delivery of Currency to the ATMs by Carrier, and until the Currency is dispensed from the ATMs to customers of the ATMs and the amount thereof is repaid to Elan, plus Elan’s fees and charges, the ATM Owner and the ATM Manager hereby jointly and severally assume all responsibility and bear all risk of loss for the transfer, handling and settlement of the Currency, including without limitation, loss suffered or created by theft, damage, destruction, fraud, dispute resolution or incorrect dispensing. (reference Exhibit C) ATM Owner and ATM Manager shall jointly and severally indemnify, defend and hold Elan harmless from any loss, cost or expense incurred by Elan with regard to the Currency. Carrier shall indemnify, defend and hold Elan harmless from any Loss incurred by Elan if such Loss is the responsibility of Carrier as described in Exhibit B, attached hereto and incorporated herein by this reference.

Appears in 1 contract

Samples: Cash Provisioning Agreement (Global Axcess Corp)

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