Preview | Rental Agreement | 657333 B.C. Ltd; Dover Arms Pub; Movito Holdings Ltd.

NOW THEREFORE, in consideration for the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows.

1.01 In this Agreement, including the recitals, except as otherwise expressly provided or unless the context otherwise requires:

ATM Products means the ATM, the computer software, incorporating both object code and source code, that creates the on-line processing link and interface enabling ATM Transactions to be processed, and associated documentation and user manuals related thereto;

ATM Transaction means a function that is processed through the ATM, including without limitation cash withdrawals, deposits, transfers or other settlements, and balance inquiries effected through the use of the ATM;

ATM User means a Person that performs an ATM Transaction;

Force Majeure means any delay or failure by a party hereto to perform its obligations as required by this Agreement to the extent that such delay or failure to perform is caused by a reason or circumstance beyond such party's control, including, without limitation, acts or omissions of the other party, third party nonperformance, and failure or malfunction of computer or telecommunications hardware, equipment or software, provided that such party could not have foreseen the specific reason or circumstance which caused the delay or failure at the time of the conclusion of this Agreement or could not reasonably have been expected to have avoided or overcome it or its consequences;

Host System means a centralized computer processing system accessed through Cash One, or a processor used by Cash One, that provides electronic funds transfer and data processing services necessary to operate the ATM;

Successful Transaction means an ATM Transaction that is processed by the Host System and the ATM user's bank.

Surcharge Fee means the fees received for a Successful Transaction by 657333 B.C. LTD from an ATM User's account, net of all payments made to Host Systems and banks;

Unsuccessful Transaction means an ATM Transaction that is not processed by the Host System or the ATM user's bank.

1.02 Headings of the Articles and Sections hereof are inserted for the convenience of reference only and shall not affect the construction or interpretation of this Agreement.

1.03 Words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neuter gender.

1.04 This Agreement is made pursuant to the laws of the Province of British Columbia and shall be construed, interpreted and enforced in accordance therewith.

1.05 If any of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

1.06 Subject to as hereinafter provided, this Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein.


BETWEEN	657333 B.C. LTD, a company with a principal office at ____________________________, Vancouver, British Columbia,_________,Canada
	("657333 B.C. LTD")

AND	Dover Arms Pub, a company with a principal office at 963 Denman Street, Vancouver, British Columbia.
	("Merchant")

(A)	Merchant is the [owner/lessor] of certain lands and premises located at 1094 Richards Street. Vancouver, B.C. V6B 3E1 (the "Premises");

(B)	Merchant operates a retail business on the Premises;

(C)	657333 B.C. LTD is in the business of renting, installing and operating automatic teller machines in retail business premises; and

(D)	Merchant desires to rent out a portion of the Premises to 657333 B.C. LTD in order that 657333 B.C. LTD may install and operate one or more automatic teller machines (the "ATM") at the Premises;