Common use of ATM Clause in Contracts

ATM. Subject to obtaining all required governmental approvals, Tenant shall have the right to install, at its expense but at no additional rental, one (1) ATM attached to the Premises, provided the ATM shall not impede access to or visibility of any other tenants’ premises. Landlord hereby approves the design of the ATM set forth in Exhibit “I”, and the location of the ATM set forth in Exhibit “J”. Tenant’s use of the ATM and the “ATM Facilities” (as herein defined) shall be subject to the following terms and conditions: a. Subject to all required governmental approvals and Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install such additional equipment or features inside the ATM and related facility as Tenant shall deem appropriate, including without limitation, (i) a telephone or other support system for such equipment, (ii) trash receptacles, (iii) a branch computer terminal, with all supporting telecommunications equipment; (iv) a customer service phone; (v) a merchant depository; and/or (vi) such other equipment and accessories as are or become normally provided by Tenant in connection with the operation of the ATM (which ATM and such additional equipment and features are collectively referred to as the "ATM Facilities"). b. Tenant, at its cost, shall obtain all required governmental or quasi-governmental permits and approvals for Tenant’s installation of the ATM, and such installation shall be performed strictly in accordance with all applicable laws, ordinances, rules or regulations of any governmental or quasi-governmental authority and at Tenant’s sole cost and expense. All construction work by or on behalf of Tenant in connection with the installation of the ATM Facilities shall be at Tenant’s sole cost and shall be performed in a good workmanlike manner, and in such a manner as to not unreasonably interfere with the operation of business by any other occupant of the Retail Center and shall be diligently prosecuted to completion. In accordance with the provisions of the Tenant Work Letter attached hereto as Exhibit “B-2”, Tenant shall provide Landlord for Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed) with detailed, plans and specifications professionally prepared by a duly licensed architect or structural engineer regarding the ATM Facilities. c. Tenant shall install at Tenant’s sole cost electric and/or telephone conduits or wires or connect to same and to such other facilities as are reasonably necessary or convenient to install and operate the ATM Facilities from locations designated by Landlord, and such installations shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall obtain separate telephone lines for the ATM Facilities and shall pay all telephone charges directly to the provider. Tenant shall use reasonable efforts to obtain any new utility service which may be required. Landlord agrees to cooperate at no cost to Landlord in good faith to facilitate Tenant's installation of the ATM Facilities. At Landlord's option, Landlord may, at Tenant’s expense, provide for the installation of a separate electrical meter or submeter at the ATM Facilities for the exclusive use of Tenant. d. Notwithstanding anything to the contrary contained herein, Tenant’s right to install and operate the ATMs is conditioned upon compliance with the California Financial Code Section 13000 et seq. (i.e., the “ATM Lighting Law”). Tenant acknowledges and agrees that Landlord shall have no obligation whatsoever to perform any work or expend any money as may be necessary to comply with the ATM Lighting Law. Accordingly, in the event the ATM Lighting Law requires additional lighting or other installations, modifications, alterations or improvements to the Building (collectively, “ATM Compliance Work”), Landlord shall not be obligated to perform such ATM Compliance Work but shall permit Tenant to perform it. In the event Tenant elects for Landlord to perform any necessary ATM Compliance Work within the Building, Tenant shall reimburse Landlord (separate and apart from Operating Expenses) within thirty (30) days following written demand for all such costs and expenses incurred by Landlord in connection therewith, together with a five percent (5%) supervision fee. e. Tenant acknowledges and agrees that Landlord shall not be liable for any damage, death or injury occurring on or about the Building as a result of or in connection with the use and operation of the ATM. As an inducement to Landlord, Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all damage, injury, claims, liabilities, suits, costs and expenses arising out of or in connection with the use and operation of the ATM and ATM Facilities, whether occurring in the Premises or in the Building, except to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees, contractors or invitees. Tenant, at its sole cost and expense, shall install and maintain a video surveillance system to monitor the actions of its customers and invitees with respect to the use of the ATM. Tenant acknowledges and agrees that Landlord shall not be obligated to provide any security for the ATM, any security provided by Landlord will be in addition to, and not in lieu of, Tenant’s security, and no security provided by Landlord shall be deemed to alleviate or reduce Tenant’s required security.

ATM. Subject Notwithstanding anything in this Lease to obtaining all required governmental approvalsthe contrary, subject to the terms of this Lease (including, without limitation, Article 8 of this Lease), Tenant shall have the right right, at Tenant's sole cost and expense, during the Lease Term to install, at its expense but at no additional rental, operate and maintain one (1) ATM attached to automated teller machine ("ATM") in a location on the PremisesReal Property approved by Landlord facing either Wilshire Boulevard or Elm Drive, provided the ATM that (a) in no event shall not impede access Landlord be required to incur any costs or visibility expenses of any other tenants’ premises. Landlord hereby approves the design of the ATM set forth in Exhibit “I”, and the location of the ATM set forth in Exhibit “J”. Tenant’s use of the ATM and the “ATM Facilities” (as herein defined) shall be subject to the following terms and conditions: a. Subject to all required governmental approvals and Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install such additional equipment or features inside the ATM and related facility as Tenant shall deem appropriate, including without limitation, (i) a telephone or other support system for such equipment, (ii) trash receptacles, (iii) a branch computer terminal, with all supporting telecommunications equipment; (iv) a customer service phone; (v) a merchant depository; and/or (vi) such other equipment and accessories as are or become normally provided by Tenant kind in connection with the installation or operation of the ATM (which ATM and such additional equipment and features are collectively referred to as the "ATM Facilities"). b. Tenant, at its cost, shall obtain all required governmental or quasi-governmental permits and approvals for Tenant’s installation of the ATM, and such installation (b) in no event shall Landlord be performed strictly obligated to alter the Building or the Building operations in accordance with all applicable lawsany way (including, ordinancesby way of example only, rules or regulations permitting access to the lobby of any governmental or quasi-governmental authority and at Tenant’s sole cost and expense. All construction work by or on behalf of Tenant the Building during hours other than "Building Hours," as that term is defined in Section 6.1.1, below), in connection with the installation of the ATM Facilities shall be at Tenant’s sole cost and shall be performed in a good workmanlike manner, and in such a manner as to not unreasonably interfere with the operation of business by any other occupant of the Retail Center and shall be diligently prosecuted to completion. In accordance with the provisions of the Tenant Work Letter attached hereto as Exhibit “B-2”, Tenant shall provide Landlord for Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed) with detailed, plans and specifications professionally prepared by a duly licensed architect or structural engineer regarding the ATM Facilities. c. Tenant shall install at Tenant’s sole cost electric and/or telephone conduits or wires or connect to same and to such other facilities as are reasonably necessary or convenient to install and operate the ATM Facilities from locations designated by Landlord, and such installations shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall obtain separate telephone lines for the ATM Facilities and shall pay all telephone charges directly to the provider. Tenant shall use reasonable efforts to obtain any new utility service which may be required. Landlord agrees to cooperate at no cost to Landlord in good faith to facilitate Tenant's installation of the ATM Facilities. At Landlord's option, Landlord may, at Tenant’s expense, provide for the installation of a separate electrical meter or submeter at the ATM Facilities for the exclusive use of Tenant. d. Notwithstanding anything to the contrary contained herein, Tenant’s right to install and operate the ATMs is conditioned upon compliance with the California Financial Code Section 13000 et seq. (i.e., the “ATM Lighting Law”). Tenant acknowledges and agrees that Landlord shall have no obligation whatsoever to perform any work or expend any money as may be necessary to comply with the ATM Lighting Law. Accordingly, in the event the ATM Lighting Law requires additional lighting or other installations, modifications, alterations or improvements to the Building (collectively, “ATM Compliance Work”), Landlord shall not be obligated to perform such ATM Compliance Work but shall permit Tenant to perform it. In the event Tenant elects for Landlord to perform any necessary ATM Compliance Work within the Building, Tenant shall reimburse Landlord (separate and apart from Operating Expenses) within thirty (30) days following written demand for all such costs and expenses incurred by Landlord in connection therewith, together with a five percent (5%) supervision fee. e. Tenant acknowledges and agrees that Landlord shall not be liable for any damage, death or injury occurring on or about the Building as a result of or in connection with the use and operation of the ATM. As an inducement to Landlord, Tenant hereby acknowledges and agrees that (i) Tenant shall be fully responsible for the maintenance, repair, compliance with laws and insuring of the ATM, (ii) Tenant shall comply with all laws, ordinances and regulations applicable to indemnifythe ATM, defend and hold harmless Landlord from and against (iii) Tenant's indemnity, as set forth in Section 10.1 of this Lease, shall specifically apply to any and all damage, injury, claims, liabilities, suits, costs and expenses arising out of or claims in connection with or related to the installation, operation maintenance or use and operation of the ATM, and (iv) Tenant shall keep the ATM in good working order and the area surrounding the ATM Facilitiesin a neat and orderly condition. All aspects of the ATM, whether occurring in including, without limitation, the Premises or in size, design, lighting, color, and manner of installation, shall be subject to the approval of Landlord. Tenant shall comply with the reasonable rules and regulations established by Landlord with regard to the ATM, the appearance of which shall at all times be consistent with the first-class nature of the Building, except . Prior to the extent caused by the negligence expiration or willful misconduct earlier termination of Landlord or its agentsthis Lease, employees, contractors or invitees. TenantTenant shall, at its sole cost and expense, remove the ATM and shall install repair any and maintain a video surveillance system to monitor the actions of its customers and invitees with respect all damage to the use of the ATMPremises, Building and Real Property resulting from such removal. Tenant acknowledges and agrees that Landlord shall not be obligated Tenant's right to provide any security for the ATM, any security provided by Landlord will be as set forth in addition tothis Section 5.7, and not in lieu of, Tenant’s security, and no security provided by Landlord shall be deemed personal to alleviate the Original Tenant and may not be utilized by any assignee, sublessee or reduce other transferee of the Original Tenant’s required security's interest in this Lease or the Premises.