(II) A PERSON DESCRIBED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH IS NOT LIABLE TO A CUSTOMER OR USER OF AN AUTOMATED TELLER
MACHINE FOR ANY CLAIM RELATING TO:

1. ANY PROVISION OF THIS SECTION; OR

2. THE USE OR ATTEMPTED USE OF AN AUTOMATED TELLER

MACHINE.

(2) THIS SECTION DOES NOT APPLY TO AN AUTOMATED TELLER
MACHINE WHICH IS LOCATED:

(I) INSIDE A BUILDING:

1. UNLESS THE BUILDING IS A FREESTANDING
INSTALLATION WHICH EXISTS SOLELY TO PROVIDE AN ENCLOSURE FOR THE
AUTOMATED TELLER MACHINE; OR

2. EXCEPT TO THE EXTENT THAT A TRANSACTION CAN BE
CONDUCTED FROM OUTSIDE THE BUILDING; OR

(II) IN ANY AREA, INCLUDING ANY ACCESS AREA, BUILDING,
ENCLOSED SPACE, OR PARKING AREA, WHICH IS NOT CONTROLLED BY THE
OPERATOR

(B) (1) AN OPERATOR OF AN AUTOMATED TELLER MACHINE SHALL ADOPT
PROCEDURES FOR EVALUATING THE SAFETY OF THE LOCATION OF THE AUTOMATED
TELLER MACHINE BEFORE IT IS INSTALLED.

(2) THE PROCEDURES SHALL INCLUDE A CONSIDERATION OF:

(I) THE EXTENT TO WHICH THE LIGHTING FOR THE AUTOMATED
TELLER MACHINE COMPLIES OR WILL COMPLY WITH THE STANDARDS DESCRIBED IN
THIS SECTION; AND

(II) THE PRESENCE OF LANDSCAPING, VEGETATION, OR OTHER
OBSTRUCTIONS IN THE AREA OF THE AUTOMATED TELLER MACHINE, THE ACCESS
AREA, AND THE DEFINED PARKING AREA.

(3) (I) THE OPERATOR OF AN AUTOMATED TELLER MACHINE
INSTALLED PRIOR TO JANUARY 1, 1995 SHALL ADOPT PROCEDURES FOR EVALUATING
THE SAFETY OF THE LOCATION OF THE EXISTING AUTOMATED TELLER MACHINE.

(II) THE PROCEDURES ADOPTED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH SHALL INCLUDE A CONSIDERATION OF THE FACTS IDENTIFIED IN
PARAGRAPH (2) OF THIS SUBSECTION TO THE EXTENT APPROPRIATE TO EXISTING
LOCATIONS.

(III) THIS SUBSECTION DOES NOT IMPOSE A DUTY TO RELOCATE AN
AUTOMATED TELLER MACHINE OR MODIFY THE LANDSCAPING, VEGETATION, OR
OTHER OBSTRUCTIONS IN THE AREA OF AN AUTOMATED TELLER MACHINE, ACCESS
AREA, OR DEFINED PARKING AREA FOR AN AUTOMATED TELLER MACHINE
INSTALLED PRIOR TO JANUARY 1, 1995.