Laserfiche WebLink
<br />203193300.19 -7- <br /> <br />1.61 “Hacking” shall mean unauthorized and intentional access to the Computer Hardware for <br />the Program and/or Software. <br />1.62 “Hosted Infrastructure” means the hosting of the Back-end Software and associated <br />network access designed and controlled by Operator’s Software vendor, which renders the Back-end <br />Software accessible to Operator and its end users; <br />1.63 “Indemnified Party” and “Indemnified Parties” have the meaning given such terms in <br />Section 16.1. <br />1.64 “Infill” shall mean the placement of additional Stations within the Program Area in order <br />to address unmet demand or community request. <br />1.65 “Initial Meeting Date” has the meaning given such term in Section 23.1.1. <br />1.66 “Initial Ride Period” has the meaning given such term in Section 9.2.3. <br />1.67 “Initial Term” has the meaning given such term in Section 2.2. <br />1.68 “Installation Scheduling Permits” shall mean permits required for the scheduling of the <br />installation of Station-related Equipment at Sites proposed for Stations for which a Site Permit has been <br />issued as a check for conflicts with other activities at the same location. The “temporary occupancy <br />permit” issued by the San Francisco Department of Public Works is an example of an Installation <br />Scheduling Permit. <br />1.69 “Institutional Lender” shall mean any savings bank, a savings and loan association, a <br />commercial bank or trust company (whether acting individually or in a fiduciary capacity), an insurance <br />company organized and existing under the laws of the United States or any state thereof, a religious, <br />educational or eleemosynary institution, a federal, state or municipal employee’s welfare, benefit, pension <br />or retirement fund, any governmental agency or entity insured by a governmental agency, a credit union, <br />trust or endowment fund, or any combination or syndicate of Institutional Lenders or other lenders that is <br />led by an agent that qualifies as an Institutional Lender (in which case such combination or syndicate <br />shall, for purposes of this Agreement, constitute a single Institutional Lender); provided, that each of the <br />above entities (or, in the case of any such combination or syndicate, the agent) shall qualify as an <br />Institutional Lender only if it (a) is subject to service of process within the State of California and (b) has <br />a net worth of not less than $50,000,000 and net assets of not less than $250,000,000. A wholly-owned <br />subsidiary of any of Person that qualifies as an Institutional Lender is also an Institutional Lender. <br />1.70 “Key Performance Indicators” (or “KPIs”) has the meaning given such term in Appendix <br />A. <br />1.71 “Kiosk” shall mean the payment terminal that provides Bicycle rental instructions, <br />contains payment equipment (e.g., a credit card device), and includes all other physical means necessary <br />for the rental of Bicycles. <br />1.72 “KPI Contest Notice” has the meaning given such term in Section 2.6.3(b). <br />1.73 “KPI Change Request” has the meaning given such term in 2.6.2(a).