Common use of Certain Customer Representations and Agreements Clause in Contracts

Certain Customer Representations and Agreements. Regarding the Services, CUSTOMER acknowledges and agrees that LOOMIS’ count of all funds verified shall be deemed correct and final. CUSTOMER agrees that it will not conceal or misrepresent any material fact or circumstance concerning the property delivered to LOOMIS pursuant to this Agreement. Regarding the Equipment CUSTOMER agrees that title and right to possession of the Safe shall at no time pass to CUSTOMER. The Safe is and shall remain personal property of LOOMIS, notwithstanding the fact that the Safe may be affixed, attached to or imbedded in or upon real property or a building, whether by cement, bolts, or other means. The Safe must be firmly and securely attached to the concrete foundation. CUSTOMER represents and guarantees to LOOMIS that the physical location(s) where the Safe is located shall at a minimum have a fully functional monitored premise alarm, including at a minimum door contacts, and fire or smoke detection. Each CUSTOMER location shall also have reasonable and customary security measures for its industry, including, but not limited to, fully functional door locks and video camera recorded surveillance on the Safe. Video surveillance recordings must be retained a minimum of thirty (30) days. If at any time during this Agreement CUSTOMER is (i) negligent regarding CUSTOMER’S site security obligations of the service location where the Safe is located; (ii) in breach of the site security obligations set out in this Agreement; or (iii) if CUSTOMER fails at any time during this Agreement to maintain the security requirements in this Section 1(c), then any LOOMIS guarantee of funds shall be void and LOOMIS shall have no further obligation to reimburse CUSTOMER for any resulting loss of funds or Equipment. Failure by CUSTOMER to correct any site security or Equipment security deficiencies is an event of Default under Section 12 for which LOOMIS may terminate this Agreement.

Certain Customer Representations and Agreements. Regarding the Services, CUSTOMER acknowledges and agrees that LOOMISXXXXXX’ count of all funds verified shall be deemed correct and final. CUSTOMER agrees that it will not conceal or misrepresent any material fact or circumstance concerning the property delivered to LOOMIS pursuant to this Agreement. Regarding the Equipment Equipment, CUSTOMER agrees that title and right to possession of the Safe Recycler shall at no time pass to CUSTOMER. The Safe Recycler is and shall remain personal property of LOOMISXXXXXX, notwithstanding the fact that the Safe Recycler may be affixed, attached to or imbedded in or upon real property or a building, whether by cement, bolts, or other means. The Safe Recycler must be firmly and securely attached to the concrete foundation. CUSTOMER represents and guarantees to LOOMIS that the physical location(s) where the Safe Recycler is located shall at a minimum have a fully functional monitored premise and fire/smoke detection alarm, including including: i.) door and window contacts at all exterior openings to the building where the Recycler is located; ii.) monitored motion detection sensors covering the entire room where the Recycler is located; and iii.) wireless or cellular alert capability or a minimum door contactssecured line with automatic notification. CUSTOMER acknowledges and agrees that in certain jurisdictions where police response is conditioned upon verified alarm notification, and fire LOOMIS may, in its sole discretion, require CUSTOMER to obtain a verified alarm or smoke detectiontwenty-four (24) hour remote monitoring service. Each CUSTOMER location shall also have reasonable and customary security measures for its industry, including, but not limited to, fully functional door locks and multiple video camera recorded surveillance on the SafeRecycler with at least one (1) video camera surveillance recording the full and unimpeded view of individuals accessing the Recycler and its interior compartment(s). Video surveillance recordings must be retained a minimum of thirty forty-five (3045) days. If at any time during this Agreement CUSTOMER is (i1) negligent regarding CUSTOMER’S site security obligations of the service location where the Safe Recycler is located; (ii2) in breach of the site thesite security obligations set out in this Agreement; or (iii3) if CUSTOMER fails at any time during this Agreement to maintain the maintainthe security requirements in this Section 1(c2(c), then any LOOMIS guarantee of funds shall be void and LOOMIS shall have no further obligation to reimburse CUSTOMER for any resulting loss of funds or Equipment. Within ten (10) days of XXXXXX’ request, CUSTOMER agrees to fully reimburse LOOMIS for all amounts paid by XXXXXX to CUSTOMER’s financial institution arising out of, or related to loss which is directly attributed to: (a) CUSTOMER’s failure to maintain its obligations under this Agreement, including but not limited to, the obligations under this Section 2(c); or (b) any breach of this Agreement by CUSTOMER. Failure by CUSTOMER to correct any site security or Equipment security deficiencies is an event of Default under Section 12 Section13 for which LOOMIS may terminate this Agreement. In like manner, CUSTOMER agrees to reimburse LOOMIS for all amounts associated with damage or loss of Equipment as a sole result of CUSTOMER’s negligence or failure to adhere to the security requirements referenced herein. .

Certain Customer Representations and Agreements. Regarding the Services, CUSTOMER acknowledges and agrees that LOOMISXXXXXX’ count of all funds verified shall be deemed correct and final. CUSTOMER agrees that it will not conceal or misrepresent any material fact or circumstance concerning the property delivered to LOOMIS pursuant to this Agreement. Regarding the Equipment Equipment, CUSTOMER agrees that title and right to possession of the Safe shall at no time pass to CUSTOMER. The Safe is and shall remain personal property of LOOMISXXXXXX, notwithstanding the fact that the Safe may be affixed, attached to or imbedded in or upon real property or a building, whether by cement, bolts, or other means. The Safe must be firmly and securely attached to the concrete foundation. CUSTOMER represents and guarantees to LOOMIS that the physical location(s) where the Safe is located shall at a minimum have a fully functional monitored premise and fire/smoke detection alarm, including including: 1) door and window contacts at all exterior openings to the building where the Safe is located; 2) monitored motion detection sensors covering the entire room where the Safe is located; and 3) wireless or cellular alert capability or a minimum door contactssecured line with automatic notification. CUSTOMER acknowledges and agrees that in certain jurisdictions where police response is conditioned upon verified alarm notification, and fire LOOMIS may, in its sole discretion, require CUSTOMER to obtain a verified alarm or smoke detection24 hour remote monitoring service. Each CUSTOMER location shall also have reasonable and customary security measures for its industry, including, but not limited to, fully functional door locks and video camera recorded surveillance on the Safe. Video surveillance recordings must be retained a minimum of thirty (30) days. If at any time during this Agreement CUSTOMER is (i) negligent regarding CUSTOMER’S site security obligations of the service location where the Safe is located; (ii) in breach of the site security obligations set out in this Agreement; or (iii) if CUSTOMER fails at any time during this Agreement to maintain the security requirements in this Section 1(c), then any LOOMIS guarantee of funds shall be void and LOOMIS shall have no further obligation to reimburse CUSTOMER for any resulting loss of funds or Equipment. Within ten (10) days of XXXXXX’ request, CUSTOMER agrees to fully reimburse LOOMIS for all amounts paid by XXXXXX to CUSTOMER’s financial institution arising out of, or related to: 1) CUSTOMER’s failure to maintain its obligations under this Agreement, including but not limited to, the obligations under this Section 1(c); or 2) any breach of this Agreement by CUSTOMER. Failure by CUSTOMER to correct any site security or Equipment security deficiencies is an event of Default under Section 12 for which LOOMIS may terminate this Agreement.