Agmt15 Bay Area Bike Share Agreement

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203193300.19 -3- 1.16 “Agreed Phase III Site Permit Submission Date” has the meaning given such term in Section 3.4.3. 1.17 “Agreed Phase IV Site Permit Submission Date” has the meaning given such term in Section 3.4.4. 1.18 “Agreed Phase V Site Permit Submission Date” has the meaning given such term in Section 3.4.5. 1.19 “Agreed Site Permit Submission Dates” shall mean, collectively, the Agreed Phase I Site Permit Submission Date, the Agreed Phase II Site Permit Submission Date, the Agreed Phase III Site Permit Submission Date, the Agreed Phase IV Site Permit Submission Date and the Agreed Phase V Site Permit Submission Date. 1.20 “Agreement” has the meaning given such term in the Preamble, together with all Appendices and Exhibits, and all amendments or modifications hereof or thereof. 1.21 “Air District” has the meaning given such term in the Recitals. 1.22 “Alcohol Advertising” shall mean Advertising or Sponsorship, the purpose or effect of which is (i) to identify a brand of an alcohol product, a trademark of an alcohol product or a trade name associated exclusively with an alcohol product, or (ii) to promote the use or sale of an alcohol product. 1.23 “Annual Member” shall mean a user having an Annual Membership. 1.24 “Annual Membership” has the meaning given such term in Section 9.2.1. 1.25 “Annual Membership Fee” has the meaning given such term in Section 9.2.1. 1.26 “Annual Membership Fee Cap” has the meaning given such term in Section 9.2.1. 1.27 “Applicable Interest Rate” in effect at any date shall mean the prime rate as most recently published in the Eastern edition of the Wall Street Journal on or prior to such date plus 3%. 1.28 “Assessment Period” has the meaning given such term in Section 2.6.2(b). 1.29 “Back-end Software” designates all Software components of the central application provided by Operator’s Software vendor and stored on the servers of such vendor, used for operation of such vendor’s equipment, and accessible online from a remote location using the Hosted Infrastructure. 1.30 “Bankruptcy Code” means the Bankruptcy Reform Act of 1978, as amended (Title 11 (U.S.C.). 1.31 “Berkeley Effective Date” has the meaning given such term in Section 2.16. 1.32 “Bicycle” shall mean a vehicle with pedals and with 2 wheels held in a frame and aligned one behind the other and steered with a steering wheel as further described in Appendix D. “Bicycle” shall not include motorized vehicles, including scooters or mopeds. For the avoidance of doubt, electric assisted bicycles constitute Bicycles and do not constitute motorized vehicles.