Common use of Covered Machines Clause in Contracts

Covered Machines. Subject to the risk of loss provisions set forth in Section IV and the limitations of liability set forth in Section X.D., Client shall indemnify, defend and hold Xxxxx Fargo harmless from, for, and against any loss of any of the Cash, and all adjustments, chargebacks, representments, and other corrections to all Cash dispensing transactions under the Servicing Agreements or otherwise, however caused, including, but not limited to, any loss resulting from the operation of the Covered Machines, including any malfunctions thereof, or losses resulting from actions of each Armored Carrier, Servicer or Maintenance Provider while performing services on behalf of Client. Xxxxx Fargo shall promptly notify Client of any regulations or changes of applicable laws which might affect the terms of this Agreement or a Party’s obligations hereunder, and if Xxxxx Fargo and Client determine that it is necessary to amend this Agreement as a result thereof, the parties agree to negotiate in good faith and execute such an amendment. Notwithstanding the foregoing, but subject to the risk of loss provisions set forth in Section IV, Client shall have no indemnity liability hereunder for any claim or loss resulting to the extent that such claim or loss results from the act or omission of Xxxxx Fargo or its employees, agents, or representatives.

Appears in 3 contracts

Samples: Contract Cash Solutions Agreement (Everi Holdings Inc.), Contract Cash Solutions Agreement (Global Cash Access Holdings, Inc.), Cash Solutions Agreement (Global Cash Access Holdings, Inc.)

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Covered Machines. Subject to the risk of loss provisions set forth in Section IV IV, Clients, jointly and the limitations of liability set forth in Section X.D.severally, Client shall indemnify, defend indemnify and hold Xxxxx Wxxxx Fargo harmless from, for, and against any loss of any of the Cash, and all adjustments, chargebacks, representments, and other corrections to all Cash dispensing transactions under the Servicing Agreements or otherwise, however caused, including, but not limited to, any loss resulting from the operation of the Covered Machines, including any malfunctions thereof, or losses resulting from actions of each Armored Carrier, Servicer or Maintenance Provider while performing services on behalf of ClientClients. Xxxxx Clients are responsible for any and all obligations related to the Cash in the Covered Machines which are imposed upon Wxxxx Fargo whether by a Cash Supplier, the Federal Reserve Bank or Clients under applicable laws and regulations. Wxxxx Fargo shall promptly notify Client Clients of any regulations or changes of applicable laws which might affect the terms of this Agreement or a Party’s obligations hereunder, and if Xxxxx Fargo and Client determine that it is necessary to amend this Agreement as a result thereof, the parties agree to negotiate in good faith and execute such an amendment. Notwithstanding the foregoing, but subject to the risk of loss provisions set forth in Section IV, Client Clients shall have no indemnity liability hereunder for any claim or loss resulting to the extent that such claim or loss results from the act or omission of Xxxxx Wxxxx Fargo or its employees, agents, or representatives.

Appears in 1 contract

Samples: Contract Cash Solutions Agreement (Cardtronics Inc)

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