Common use of Gaming Machines Clause in Contracts

Gaming Machines. 7.1 Subject to the Landlord agreeing the make, model and type of Gaming Machines with the Tenant, the Tenant may install the Permitted Number Of Machines at the Property. 7.2 The Tenant will not install any other Gaming Machines (in excess of the Permitted Number of Machines) at the Property without the consent of the Landlord (which the Landlord may withdraw at its discretion, at any time). 7.3 Any Gaming Machines installed at the Property shall be subject to the following terms and conditions: 7.3.1 all Gaming Machines shall be hired from a supplier approved by the Landlord; 7.3.2 the Tenant will on request provide the Landlord with full contact details of the supplier of any Gaming Machine installed at the Property; 7.3.3 where the Tenant has hired a Gaming Machine from a supplier who is not or is no longer a supplier approved by the Landlord, the Tenant will return the Gaming Machine and re-hire from a supplier approved by the Landlord; 7.3.4 the Landlord may require the Tenant to change the type or model of any Gaming Machine at the Property or to remove all or some of the Gaming Machines if it reasonably believes that a Gaming Machine is impairing the character and profitability of the Property; 7.3.5 the Landlord may require that any Gaming Machines are fitted with systems to record the operation of the Gaming Machine; 7.3.6 any Gaming Machine will remain switched on for use and operation when the Property is open for trade; 7.3.7 the Tenant will ensure that any hire agreement made between it and any Gaming Machine supplier: 7.3.7.1 is capable of being terminated at any time without notice; and 7.3.7.2 only requires payment in money; 7.3.8 the Tenant will permit any approved supplier access to any Gaming Machine at all reasonable times for the purposes of collection, repairs, installation, maintenance, removal and any other proper tasks relating to the operation of the Gaming Machine; 7.3.9 all Gaming Machines will be sited in the Property in positions agreed with the Landlord and the Tenant will not permit any Gaming Machine to be sited in a different position except where required to comply with any Legislative Requirement; 7.3.10 the Tenant will not consent to an approved supplier assigning or transferring any hire agreement and if the Tenant receives notice of such assignment or transfer by an approved supplier it will immediately notify the Landlord; 7.3.11 the Tenant will ensure that: 7.3.11.1 any Gaming Machine is notified to HM Revenue & Customs; and/or 7.3.11.2 any Necessary Licences or notifications as may be required to operate Gaming Machines are current and (if necessary) displayed; 7.3.12 any Gaming Machines shall be emptied by a representative of the approved supplier both periodically and at the end of the hire period; 7.3.13 the distribution of monies in any Gaming Machine shall be effected by the representative of the approved supplier in the following order: 7.3.13.1 firstly, the Tenant shall be provided with a sum equal to any duty or tax payable on the remainder of the cash in the Gaming Machine which the Tenant will record and account to HM Revenue & Customs for; 7.3.13.2 secondly, the Landlord and the Tenant shall be reimbursed (or, if appropriate, shall retain) an appropriate proportion of any annual licence fee paid to the relevant authority in advance for the Gaming Machine but if there shall be insufficient money in any Gaming Machines to pay the appropriate proportion of the annual licence fee then each of the Landlord and the Tenant will be liable for half of any shortfall; 7.3.13.3 thirdly, the rent (inclusive of VAT) due for the hire shall be retained but if there shall be insufficient money in the Gaming Machine to pay that rent then each of the Landlord and the Tenant will be liable for half of any shortfall; 7.3.13.4 fourthly, the Tenant shall be provided with the Machine Percentage of the remaining balance; and 7.3.13.5 fifthly, the Landlord shall be provided with the remainder, provided that notwithstanding the above order of distribution, the representative of the approved supplier shall first reimburse the Tenant for all sums properly paid to customers in response to legitimate claims for a malfunction of a Gaming Machine (proven by the electronic record kept by any Gaming Machine) and (if applicable) replenish the float; 7.3.14 the Landlord may require the approved supplier to pay to it any monies which might otherwise be due to the Tenant: 7.3.14.1 in the event that the Tenant owes the Landlord any sums in respect of this lease (or otherwise); and/or 7.3.14.2 at the end of the Term; and/or 7.3.14.3 in the event that a Gaming Machine is being removed from the Property, and such payment will be included in the Tenant's account with the Landlord, with this agreement acting as irrevocable authority given by the Tenant to any approved supplier to that effect; 7.3.15 if the Landlord withdraws its consent to the installation of any Gaming Machine at the Property: 7.3.15.1 the Tenant will immediately terminate any Gaming Machine hire contracts and arrangements relating to that Gaming Machine; and 7.3.15.2 if the Tenant does not remove a Gaming Machine when requested to do so, the Landlord may enter the Property and remove the Gaming Machine and the Tenant will pay to the Landlord the costs of returning such Gaming Machine to the approved supplier.