Failure to Furnish Cash. If Client terminates this Agreement because Xxxxx Fargo is unable to furnish sufficient Cash to comply with this Agreement, the Cash shall either be redelivered within the timeframe and in the manner mutually agreed-to between Client and Xxxxx Fargo or transferred via Fedwire to Xxxxx Fargo in an amount equal to the then outstanding Cash within such timeframe. Xxxxx Fargo shall be liable for any actual costs incurred by Client in connection with such redelivery. Subject to Section IV (Risk of Loss) and Section VII.E. (Service Level Adjustments), Xxxxx Fargo shall not otherwise be liable for any damages incurred by Client on account of redelivery instituted by Client due to Xxxxx Fargo’s inability to furnish the Cash, nor shall Xxxxx Fargo be liable for any damages resulting from the inability of cardholders to use the Covered Machines because they then contain no currency.
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.)
Failure to Furnish Cash. If a Client terminates this Agreement because Xxxxx Wxxxx Fargo is unable to furnish sufficient Cash to comply with this Agreement, the Cash shall either be redelivered within the timeframe and in the manner mutually agreed-to between Client the Clients and Xxxxx Wxxxx Fargo or transferred via Fedwire to Xxxxx Wxxxx Fargo in an amount equal to the then outstanding Cash within such timeframe. Xxxxx Wxxxx Fargo shall be liable for any actual costs incurred by Client Clients in connection with such redelivery. Subject to Section IV IV. (Risk of Loss) and Section Paragraph VII.E. (Service Level Adjustments), Xxxxx Wxxxx Fargo shall not otherwise be liable for any damages incurred by Client Clients on account of redelivery instituted by Client Clients due to Xxxxx Wxxxx Fargo’s inability to furnish the Cash, nor shall Xxxxx Wxxxx Fargo be liable for any damages resulting from the inability of cardholders to use the Covered Machines because they then contain no currency.
Appears in 1 contract
Samples: Contract Cash Solutions Agreement (Cardtronics Inc)