Common use of Loss Procedures Clause in Contracts

Loss Procedures. 1. In the event of a Loss or a difference, Elan will provide notice to ATM Manager and Carrier’s CSM, as designated by Carrier from time to time, by telephone (which must be followed up with notice in writing), by facsimile (with written confirmation of receipt), by email to an address designated by the receiving party, or by a written notice mailed in the US mail by certified mail, return receipt requested of any claim for Loss within the lesser of three (3) business days after discovery of the discrepancy, or forty-five (45) days after ATM Service(s) was performed by Carrier. If the Loss results in a claim being made by Elan, the notice of claim will be provided to the attention of Carrier within the lesser of three (3) business days after discovery of the discrepancy, or forty-five (45) days after ATM Service(s) was performed by Carrier. 2. If requested by ATM Manager or Carrier, Elan will make available to ATM Manager and Carrier all necessary and available information that directly relates to the Loss, and Elan will use commercially reasonable efforts to cause its agents, officers and employees to cooperate with and assist ATM Manager and Carrier in the investigation of such Loss, subject to applicable law and regulation regarding financial privacy and any other applicable law or regulation. Elan will maintain the records described below for all ATMs serviced by Carrier and will use its best efforts to make such records available to Carrier within seven (7) days after receipt of a written request from Carrier and in any event within twelve (12) days after receipt of written request. (a) As available, records of ATM activity including, but not limited to, records of transaction and ATM activity, ATM network records, error codes and ATM vault openings for a reasonable period not to exceed 60 days prior to and subsequent to any identified shortage. (b) ATM and vault balancing records (c) All other pertinent receipts and other paperwork and ATM electronic information pertaining to an identified shortage. (d) As available, and applicable, alarm access records of alarm by ATM site. 3. In the event of a difference or loss, ATM Manager and Carrier will fully cooperate with Elan to investigate, and share ATM Manager’s and Carrier’s internal investigation report regarding any Carrier employee who had potential access to the Currency. Elan will fully cooperate with ATM Manager and Carrier to investigate the Loss, including sharing of Elan’s internal investigation report with regard to any Elan employee having potential involvement in the Loss. 4. The Party responsible for the Loss under this Agreement will make full payment of the Loss by check or ACH made payable to Elan within fourteen (14) days of the determination of Loss responsibility. Elan shall cooperate by providing information reasonably requested by the insurance carrier for ATM Manager or Carrier.

Loss Procedures. 1. In the event of a Loss or a difference, Elan will provide notice to ATM Manager and Carrier’s 's CSM, as designated by Carrier from time to time, by telephone (which must be followed up with notice in writing), by facsimile (with written confirmation of receipt), by email to an address designated by the receiving party, or by a written notice mailed in the US mail by certified mail, return receipt requested of any claim for Loss within the lesser of three (3) business days after discovery of the discrepancy, or forty-forty- five (45) days after ATM Service(s) was performed by Carrier. If the Loss results in a claim being made by Elan, the notice of claim will be provided to the attention of Carrier within the lesser of three (3) business days after discovery of the discrepancy, or forty-five (45) days after ATM Service(s) was performed by Carrier. 2. If requested by ATM Manager or Carrier, Elan will make available to ATM Manager and Carrier all necessary and available information that directly relates to the Loss, and Elan will use commercially reasonable efforts to cause its agents, officers and employees to cooperate with and assist ATM Manager and Carrier in the investigation of such Loss, subject to applicable law and regulation regarding financial privacy and any other applicable law or regulation. Elan will maintain the records described below for all ATMs serviced by Carrier and will use its best efforts to make such records available to Carrier within seven (7) days after receipt of a written request from Carrier and in any event within twelve (12) days after receipt of written request. (a) As available, records of ATM activity including, but not limited to, records of transaction and ATM activity, ATM network records, error codes and ATM vault openings for a reasonable period not to exceed 60 days prior to and subsequent to any identified shortage. (b) ATM and vault balancing records (c) All other pertinent receipts and other paperwork and ATM electronic information pertaining to an identified shortage. (d) As available, and applicable, alarm access records of alarm by ATM site. 3. In the event of a difference or loss, ATM Manager and Carrier will fully cooperate with Elan to investigate, and share ATM Manager’s 's and Carrier’s 's internal investigation report regarding any Carrier employee who had potential access to the Currency. Elan will fully cooperate with ATM Manager and Carrier to investigate the Loss, including sharing of Elan’s 's internal investigation report with regard to any Elan employee having potential involvement in the Loss. 4. The Party responsible for the Loss under this Agreement will make full payment of the Loss by check or ACH made payable to Elan within fourteen (14) days of the determination of Loss responsibility. Elan shall cooperate by providing information reasonably requested by the insurance carrier for ATM Manager or Carrier.