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<br />203193300.19 -17-
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<br />2.10 Use of Data. All data generated by the Program will be owned by Operator. Operator will
<br />grant MTC and the Participating Cities a non-exclusive, royalty-free, irrevocable, perpetual license to use
<br />all data generated by the Program, other than personally-identifiable information that can identify
<br />individual users, their addresses, their credit card information and other personal information about users,
<br />for non-commercial purposes and on a real-time basis; and MTC and each of the Participating Cities shall
<br />have the right to grant to others a sublicense to use all such data for non-commercial purposes.
<br />2.11 [INTENTIONALLY OMITTED]
<br />2.12 [INTENTIONALLY OMITTED]
<br />2.13 No Discrimination. Operator shall not discriminate in the implementation of the Program
<br />or in the provision of Services on the basis of race, creed, color, national origin, sex, age, marital status, or
<br />real or perceived sexual orientation.
<br />2.14 Accessibility. In implementing and operating the Program, Operator shall comply with all
<br />applicable requirements of the Americans with Disabilities Act, Section 508 of the Rehabilitation Act of
<br />1973 and all other applicable federal, state and local requirements relating to persons with disabilities,
<br />including any rules or regulations promulgated thereunder. Such compliance shall extend to the location
<br />and design of Equipment as well as the Program’s website and any mobile application for the Program.
<br />2.15 Personally Identifiable Information (“PII”). All PII obtained or maintained by Operator in
<br />connection with this Agreement shall be protected by Operator from unauthorized use and disclosure.
<br />This includes, but is not limited to, the secure transport, transmission and storage of PII used or acquired
<br />in the performance of this Agreement. Operator agrees to properly secure and maintain any computer
<br />systems (hardware and software applications) or electronic media that it will use in the performance of
<br />this Agreement. This includes ensuring all security patches, upgrades, and anti-virus updates are applied
<br />as appropriate to secure PII that may be used, transmitted, or stored on such systems in the performance of
<br />this Agreement. Operator agrees to comply with the information handling and confidentiality
<br />requirements outlined in the California Information Practices Act (Civil Code sections 1798 et.seq.). In
<br />addition, Operator warrants and certifies that in the performance of this Agreement, it will comply with all
<br />applicable statutes, rules, regulations and orders of the United States and the State of California relating to
<br />the handling and confidentiality of PII and, as provided in Section 16, agrees to indemnify MTC against
<br />any loss, cost, damage or liability by reason of Operator’s violation of this provision.
<br />2.16 Notwithstanding anything to the contrary contained herein or in the Coordination
<br />Agreement, as of the Effective Date, (a) the City of Berkeley and the City of Oakland have not completed
<br />the approval processes necessary for such cities to execute the Coordination Agreement and for the
<br />Coordination Agreement to be effective as to such cities, (b) neither such city is a Participating City, and
<br />(c) the Coordination Agreement and this Agreement do not apply to such cities. Upon completion by
<br />each such city of its approval processes, including the adoption by each such city of a franchise ordinance
<br />as referenced in Sections 29.1 and 32.4 of the Coordination Agreement, and the execution by each such
<br />city of the Coordination Agreement, the Coordination Agreement shall thereupon be effective as to such
<br />city, each such city shall thereupon be a Participating City under this Agreement and Coordination
<br />Agreement, which agreements shall thereupon apply to such city, and the Program Area shall thereupon
<br />be expanded to encompass the entirety of such city (the date thereof, as to Berkeley, being the “Berkeley
<br />Effective Date,” and, as to Oakland, being the “Oakland Effective Date”). If either or both of such cities
<br />does not approve the execution of the Coordination Agreement, then the Parties shall make appropriate
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