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<br />203193300.19 -8- <br /> <br />1.74 “KPI Failure Notice” has the meaning given such term in 2.6.3 (a). <br />1.75 “KPI LD Payment Date” has the meaning given such term in Section 2.6.3(b). <br />1.76 “Liabilities” has the meaning given such term in Section 16.1. <br />1.77 “Membership Fee” has the meaning given such term in Section 9.1. <br />1.78 “MTC” has the meaning given such term in the Preamble, together with any successor <br />thereto. <br />1.79 “MTC Area” means the 9 counties in the San Francisco Bay Area within MTC’s <br />jurisdiction. <br />1.80 “MTC/Participating City Property” shall mean the trademarks, logos, servicemarks, and <br />other intellectual property rights of MTC and/or the Participating Cities. <br />1.81 “Notification” shall mean all information provided by MTC, a Participating City or the <br />general public to Operator about a specific defect or problem concerning the Program, Equipment or <br />operations of the Program by written document, email to Operator’s public information email address for <br />the Program, or telephone call to Operator’s call-in center for the Program. <br />1.82 “Oakland Effective Date” has the meaning given such term in Section 2.16. <br />1.83 “Operable Dock” shall mean a Dock that can both rent and receive bicycles from all <br />Program users and is not physically obstructed in a manner that would prevent such use. <br />1.84 “Operable Station” shall mean a Station at which at least 90 percent of all installed Docks <br />are Operable Docks from which an Annual Member can check out and return a Bicycle. <br />1.85 “Operator” has the meaning given such term in the Preamble. <br />1.86 “Operator Property” has the meaning given such term in Section 10.3. <br />1.87 “Operator Basic Function Software” shall mean software and other intellectual property <br />developed by Operator that is integral to the basic function of the Program (such as mobile apps that allow <br />for the unlocking of Bicycles). As of the Effective Date, no Operator Basic Function Software has been <br />developed. <br />1.88 “Operator Non-Basic Function Software” shall mean software and other intellectual <br />property developed by Operator that enhances the functionality of the Program but is not necessary for the <br />basic function of the Program (such as the Program website or mobile apps that allow users to identify <br />nearby Stations with available Bicycles or available Docks). <br />1.89 “Participating City” and “Participating Cities” have the meaning given such terms in the <br />Preamble. <br />1.90 “Participating City Delay” has the meaning given such term in Section 4.2.