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<br />203193300.19 -28- <br /> <br />9.3.3 Members enrolling through the affordability program shall be entitled to the same <br />rights and privileges as Regular Annual Members. <br />9.3.4 The usage fees for affordability members shall not exceed the rate charged to Regular <br />Annual Members. <br />9.4 The checkout period for the purposes of calculating usage fees shall always commence <br />with the time a Bicycle is actually removed from a Dock, and it shall not be based on the time of insertion <br />of a payment or identification card. <br />9.5 The maximum Bicycle usage charge initially charged with respect to any member shall be <br />$100 per 24 hour period, not including charges for damaged, lost, stolen or otherwise unreturned <br />Bicycles. <br />9.6 Fees for damaged, lost, stolen or otherwise unreturned Bicycles initially charged shall be <br />(i) $1,200, if not returned, or (ii) if returned, the sum of all direct costs of the repair, including all labor <br />and parts, as determined by Operator in its reasonable discretion, plus a 10% administrative fee; provided, <br />however, that the fees charged to affordability members for unreturned or damaged Bicycles shall be not <br />more than 33% of the fees set forth in the preceding clauses (i) and (ii). Operator shall waive such fees for <br />an any member who is not at fault for the unreturned or damaged Bicycle. <br />9.7 Operator shall at all times post on all Stations and on Operator’s website a complete and <br />up-to-date fee description that sets forth each and every current membership and usage fee offered by <br />Operator, the methods of purchasing memberships and paying fees, available discounts on such fees, the <br />applicability and terms of such discounts and, to the extent applicable, how to apply for or qualify for <br />such discounts, and fees associated with damaged, lost, stolen or otherwise unreturned Bicycles. Operator <br />shall furnish written copies of such material to the public upon request. <br />9.8 Operator shall accept credit card and debit card payments online and at all Stations but in <br />the case of debit cards only those that have a Visa or Mastercard logo on them. Operator may employ <br />such other methods of payment as it may determine. <br />9.9 All required state sales and use taxes with respect to membership and usage fees shall be <br />collected and paid by Operator, as required by applicable law. <br />9.10 Operator shall be permitted to create Program pricing discount programs, which may be <br />targeted in connection with marketing and outreach efforts, and in connection with Sponsorship or <br />Advertising programs, to expand or enable Program use among different communities or for other lawful <br />purposes. <br />9.11 At any time and from time to time, Operator shall have the right: <br />9.11.1 To adjust the amount of the Annual Membership Fee specified in Section 9.2.1 <br />downwards at any time and upwards on each anniversary of the Effective Date by an <br />amount not to exceed the Annual Membership Fee Cap then in effect; <br />9.11.2 To adjust the amount of the maximum Bicycle usage charge specified in Section 9.5 <br />and the fees for damaged, lost, stolen or otherwise unreturned Bicycles specified in <br />Section 9.6 downwards at any time and upwards on each anniversary of the Effective