Common use of Access to the Currency Clause in Contracts

Access to the Currency. During the term of this Agreement and until Elan recovers all the Currency, or its equivalent in another payment medium, and all the fees due Elan, ATM Owner and ATM Manager shall have no access to Elan’s vault, the vault of the Carrier, or to the vault of any ATMs which contain the Currency supplied by Elan. The only other acceptable access to the vault, pursuant to this Agreement, shall be for the express intention of servicing the vault(s), when such need may occur. Only the Carrier shall have access to the Currency during transport and only the Carrier may have access to the Currency contained in the ATMs. Elan and Carrier may engage in a separate agreement for the provision of services to transport the Currency, provided such agreement does not alter the obligations of each of them under this Agreement and does not alter the liability of either of them to the other Parties to this Agreement in a manner that is inconsistent with the terms of this Agreement, including without limitation the obligations of Carrier contained in Exhibit B (Carrier Services), attached hereto and incorporated herein by this reference. Carrier expressly recognizes and acknowledges the ownership rights of Elan in and to the Currency that is provided by Elan for use in the ATMs. Carrier also recognizes and acknowledges the bailment relationship existing between ATM Manager and Elan with respect to the handling of the Currency. ATM Manager and ATM Owner agree that Elan shall be the sole and exclusive source of cash for the ATMs listed on Exhibit D until this Agreement is terminated.

Appears in 4 contracts

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

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Access to the Currency. During the term Term of this Agreement and until Elan recovers all the Currency, or its equivalent in another payment medium, and all the fees due Elan, ATM Owner and ATM Manager shall have no access to Elan’s vault, the vault of the Carrier, or to the vault of any ATMs which contain the Currency supplied by Elan. The only other acceptable access to the vault, pursuant to this Agreement, shall be for the express intention of servicing the vault(s), when such need may occur. Only the Carrier shall have access to the Currency during transport and only the Carrier may have access to the Currency contained in the ATMs. Elan and Carrier may engage in a separate agreement for the provision of services to transport the Currency, provided such agreement does not alter the obligations of each of them under this Agreement and does not alter the liability of either of them to the other Parties to this Agreement in a manner that is inconsistent with the terms of this Agreement, including without limitation the obligations of Carrier contained in Exhibit B (Carrier Services), attached hereto and incorporated herein by this reference. B. Carrier expressly recognizes and acknowledges the ownership rights of Elan in and to the Currency that is provided by Elan for use in the ATMs. Carrier also recognizes and acknowledges the bailment relationship existing between ATM Manager and Elan with respect to the handling of the Currency. ATM Manager and ATM Owner agree that Elan shall be the sole and exclusive source of cash for the ATMs listed on Exhibit D until this Agreement is terminatedthrough the end of the Term.

Appears in 1 contract

Samples: Cash Provisioning Agreement (Global Axcess Corp)

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Access to the Currency. During the term of this Agreement and until Elan recovers all the Currency, or its equivalent in another payment medium, and all the fees due Elan, ATM Owner and ATM Manager shall have no access to Elan’s vault, the vault of the Carrier, or to the vault of any ATMs which contain the Currency supplied by Elan. The only other acceptable access to the vault, pursuant to this Agreement, shall be for the express intention of servicing the vault(s), when such need may occur. Only the Carrier shall have access to the Currency during transport and only the Carrier may have access to the Currency contained in the ATMs. Elan ATM Owner, ATM Manager and Carrier may engage in a separate agreement for the provision of ATM services to transport the Currencyfor Currency transport, replenishment and other related services, provided such agreement does not alter the obligations of each of them under this Agreement and does not alter the liability of either of them to the other Parties to this Agreement in a manner that is inconsistent with the terms of this Agreement, including without limitation the obligations of Carrier contained in Exhibit B (Carrier Services), attached hereto and incorporated herein by this reference. Carrier expressly recognizes and acknowledges the ownership rights of Elan in and to the Currency that is provided by Elan for use in the ATMs. Carrier also recognizes and acknowledges the bailment relationship existing between ATM Manager and Elan with respect to the handling of the Currency. ATM Manager and ATM Owner agree that Elan shall be the sole and exclusive source of cash for the ATMs listed on Exhibit D until this Agreement is terminated.

Appears in 1 contract

Samples: Cash Provisioning Agreement (TRM Corp)

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