Common use of AUTOMATED TELLER MACHINE Clause in Contracts

AUTOMATED TELLER MACHINE. (S); NIGHT DEPOSITORY(IES). Tenant shall have at all times during the Term and Renewals thereof, the right to install and maintain at its expense an automated teller machine(s) ("ATM(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 Renewal Term(s), Landlord shall not lease, or permit the installation of, any other ATM(s) and night depository(ies), by any party other than the Tenant in any portion of the Building or Project. The location, appearance and 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 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 hold harmless Landlord from all costs, damages, expenses, liabilities, and suits, including reasonable attorneys' fees, occasioned by Tenant's installation, maintenance, relocation, removal or use of the 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. (S); NIGHT DEPOSITORY(IES). During the period Tenant occupies any space on the ground floor of the Building for the operation of a retail banking business pursuant to Article 30 or otherwise, Tenant shall have at all times during the Term and Renewals thereof, the right to install and maintain at its expense an automated teller machine(sAutomated Teller Machine (“ATM”) ("ATM(S)") and night depository(ies) within in the Premises or other portion main lobby of the Project accessible at all times by Building or near the public, and visible to the exterior entrance of the Building at a location mutually acceptable to Landlord and Tenant, subject to the terms and conditions contained herein. Prior to installation of the ATM, Tenant shall provide Landlord, for Landlord’s approval, with a complete set of plans and specifications for the proposed ATM. Tenant shall pay all fees and costs incurred by Landlord in the evaluation of such plans and specifications. Installation of the ATM shall be made at Tenant’s sole costs and expense and shall be done in a good and workmanlike manner and diligently prosecuted to completion. Before commencing any work, Tenant shall give Landlord at least ten (10) days’ written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be permitted by law to protect Landlord from having its interest in the Premises or the Building made subject to any mechanic’s or materialman’s lien. Tenant shall provide its own trash container or contains for construction debris; shall promptly remove all construction and related debris from all public and common areas; immediately following completion of construction shall return the public and common areas to the condition they were in immediately prior to construction; shall repair and restore any portions of the public and common areas harmed as a result of the construction activities to the condition they were in immediately prior to construction; shall use service entrances to the Premises, if any; shall conduct no additional rental charge. Landlord agrees that core drilling during business hours; shall disrupt other tenants as little as possible; shall perform such work or cause the Term, including any Renewal Term(s), Landlord performance of such work in such a manner as shall not lease, obstruct access to the Project or permit the installation of, premises of any other ATM(s) tenant other then tenant within the Project; shall pay to Landlord the amount of any and night depository(ies)all damage to the Project; and shall otherwise comply with all conditions imposed by Landlord with respect to such connection with any such work, by any party other than the Tenant in any portion of the Building or Project. The location, appearance and lighting of the ATM(s) and night depository(ies) such work shall be mutually agreed upon by Tenant performed in accordance with all applicable laws 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 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 Tenantordinances. Tenant shall indemnify and defend Landlord against, and hold Landlord harmless Landlord from from, any and all liabilities, losses, costs, damages, expenses, liabilities, and suits, damages (including reasonable attorneys' fees, occasioned by Tenant's installation, maintenance, relocation, removal or use of the ATM(s) and/or night depository(ies), including without limitation, any damage to Property and/or injury the Building, Premises, public and common areas or death any part of the Project), expenses (including attorneys’ fees and costs) and any and all liens resulting from such work. Any mechanic’s lien filed against the Premises or against any portion of the Project for work claimed to persons caused thereby from have been done for, or materials claimed to have been furnished to, Tenant, shall be discharged by Tenant, by bond or otherwise, within ten (10) days after the installationfiling thereof, maintenanceat the sole cost and expense of Tenant. Upon the expiration or sooner termination of the Lease Term, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove the ATM, and operation. Notwithstanding the foregoingTenant shall forthwith and with all due diligence, the Landlord is responsible for maintenance of lightingat its sole cost and expense, 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, repair any damage to Property and/or injury or death to persons the Building caused by such removal and restore the Landlord failure Building to comply with said Statutes, unless its condition immediately prior to installation of the loss resulted from modifications to the ATM made by TenantATM.

AUTOMATED TELLER MACHINE. (Sa) Tenant shall have the non-exclusive right, subject to the provisions hereof, to maintain and operate, at Tenant’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 related equipment, wiring, accessories and identifying signage, shall hereinafter be defined as an “ATM”) in a location approved in advance in writing by Landlord and publicly accessible twenty-four (24) hours a day. The ATM shall be 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 this 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 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; NIGHT DEPOSITORY(IESprovided that the same shall be installed and implemented pursuant to the 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 have at all times during cause the Term and Renewals thereof, the right insurance policies required to install and maintain at its expense an automated teller machine(s) ("ATM(S)") and night depository(ies) within the Premises or other portion of the Project accessible at all times be maintained by the public, and visible Tenant pursuant to the exterior of Lease to cover the Building ATM and any claims and liabilities arising in connection with the use thereof. (f) Tenant shall, at no additional rental charge. Landlord agrees that during Tenant’s sole cost and expense, remove the Term, including any Renewal Term(s), Landlord shall not lease, or permit the installation of, any other ATM(s) and night depository(ies), by any party other than the Tenant in any portion of the Building or Project. The location, appearance and 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 ATM prior to the expiration or earlier termination of the Lease, Tenantas may be extended, at its expense, shall remove the ATM(s) and/or night depository(ies). Any work required to and restore the Building from any damage occasioned by the installationaffected areas to their previous condition, maintenance, relocation or removal of the ATM(s) and/or night depository(ies) shall be borne by Tenantreasonable wear and tear excepted. Tenant shall indemnify and hold harmless Landlord from all costs, damages, expenses, liabilities, and suitsrepair any damage caused by such removal, including reasonable attorneys' feesthe patching of any walls and holes to match, occasioned by Tenant's installationas closely as possible, maintenance, relocation, removal or use the color surrounding the areas where the ATM was installed. Landlord makes no representations as to the suitability of the ATM(s) and/or night depository(ies)Building for the ATM, including without limitationwhether or not the ATM was installed under applicable zoning ordinances or other Laws, any damage or to Property and/or injury the safety or death to persons caused thereby from security of the installation, maintenance, Building and operation. Notwithstanding how 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 same would be affected by the Landlord failure to comply with said Statutes, unless installation of the loss resulted from modifications to the ATM made by TenantATM.

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 (S1) 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); NIGHT DEPOSITORY(IES). provided, however, in the event Tenant shall have 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 all times any time during the Lease Term to continously provide the funding and Renewals thereofservice 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 maintain 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 expense an automated teller machine(s) ("ATM(S)") sole cost and night depository(ies) within expense, remove the Premises or other portion of the Project accessible at all times by the public, ATM and visible to the exterior of the Building at no additional rental charge. Landlord agrees return that during the Term, including any Renewal Term(s), Landlord shall not lease, or permit the installation of, any other ATM(s) and night depository(ies), by any party other than the Tenant in any portion of the Building and Leased Premises to the same or Projectsubstantially similar condition as existing immediately prior to Tenant's installation of such ATM, reasonable wear and tear excepted. The location, appearance If Tenant fails to remove such ATM and lighting of restore the ATM(sBuilding and Leased Premises as provided in this Section 9.5 within ten (10) 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 days following the expiration or earlier early termination of the this Lease, Tenantthen Landlord may perform such work, at its expense, shall remove the ATM(s) and/or night depository(ies). Any and all costs and expenses incurred by Landlord in so performing such work required to 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 reimbursed by Tenant. Tenant shall indemnify and hold harmless to Landlord from all costs, damages, expenses, liabilities, and suits, including reasonable attorneys' fees, occasioned by within ten (10) days after Tenant's installation, maintenance, relocation, removal or use receipt of the 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 Tenantinvoice therefor.