Agmt15 Bay Area Bike Share Agreement

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203193300.19 -18- amendments to this Agreement and the Coordination Agreement to reflect the removal of such city or cities, as applicable, from the Program. In addition, the Parties are anticipating that the Berkeley Effective Date will occur in February, 2016 and the Oakland Effective Date will occur in March, 2016. If either such date does not occur until after March 31, 2016, then the Parties shall amend Sections 3.4 and 4.2 to make appropriate adjustments to the timing of the Program. PROGRAM AREA AND EXPANSION; PROGRAM SIZE; PROGRAM TIMING 3.1 Program Area. As of the Effective Date, the Program Area encompasses the entirety of the cities of Emeryville, San Francisco and San Jose. The Program Area shall also encompass the entirety of the City of Berkeley as of the Berkeley Effective Date and the entirety of the City of Oakland as of the Oakland Effective Date. 3.2 Program Area Expansion. Following expiration of the Pilot Program, each of the Peninsula Pilot Cities may elect, by notice to Operator, to continue the bike share program in such Peninsula Pilot City, provided that the Peninsula Pilot Cities shall be responsible for paying the cost of upgrading, purchasing, installing, maintaining and operating the Equipment in accordance with the schedule applicable to the Peninsula Pilot Cities set forth in Appendix B. Following the completion of Phase V, the other Eligible Cities may elect, by notice to Operator, to develop a bike share program in the Eligible Cities, provided that the other Eligible Cities shall be responsible for paying the cost of purchasing, installing, maintaining and operating the Equipment in accordance with the schedule applicable to the other Eligible Cities set forth in Appendix B. Operator shall be required to maintain the Equipment purchased by an Electing City in a state of good repair throughout the Term, and at the end of the Term, Operator shall return such Equipment to the Electing City in good working order but subject to reasonable wear and tear from use and subject to loss and damage caused directly by users. Each Electing City shall enter into with Operator a separate service agreement to establish the number of Stations, Docks and Bicycles for such city, and the schedule for installation of the Equipment for such city, which agreement will also address, among other matters, (i) Siting Criteria, the Site selection process, Street Treatment Requirements, the protocols and procedures for the submission and review of applications and the issuance of permits and approvals, and the Electing City’s requirements with respect to each of the foregoing, (ii) De-installations, Adjustments and Deactivations, and (iii) advertising and sponsorship. 3.3 Program Size. The Program Fleet for Phases I through V is 7,000 to 7,055, allocated among the Participating Cities as follows: 3.3.1 4,500 in San Francisco; 3.3.2 1,000 in San Jose; 3.3.3 1,400 in East Bay, as follows: (a) 850 in Oakland (b) 100 in Emeryville (c) 400 in Berkeley