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<br />203215669.16 18 <br />ii. If any funds other than federal appropriated funds have been paid, or will <br />be paid to any person for influencing or attempting to influence an officer <br />or employee of any federal agency; a Member of Congress; an officer or <br />employee of Congress, or an employee of a Member of Congress; in <br />connection with this Continuation agreement; Operator shall complete and <br />submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in <br />accordance with its instructions. <br />B. This certification is a material representation of fact upon which reliance was <br />placed when this transaction was made or entered into. Submission of this <br />certification is a prerequisite for making or entering into this transaction <br />imposed by Section 1352, Title 31, US. Code. Any person who fails to file <br />the required certification shall be subject to a civil penalty of not less than <br />$10,000 and not more than $100,000 for each such failure. <br />C. Operator also agrees by signing this Continuation Agreement that it shall <br />require that the language of this certification be included in all lower-tier <br />subcontracts, which exceed $100,000, and that all such sub recipients shall <br />certify and disclose accordingly. <br />ARTICLE XI <br />DEFINITIONS <br />11.1 Defined Terms. As used herein, the terms below shall have the following <br />meanings. Any of such terms, unless the context otherwise requires, may be used in the singular <br />or plural, depending upon the reference. <br />“Backend Software and Computer Hardware” shall mean an electronic interface <br />enabling, among other things, Stations, Bicycles, subscriber customer service, cellular service, <br />Customer Keys, the website, and call center to function. <br />“Bicycle” shall mean a device propelled solely by human power, upon which a person <br />may ride either on or astride a regular seat attached thereto, having two or more wheels in <br />tandem. <br />“Crash” shall mean every reported incident or event involving a subscriber, Bicycle user, <br />Bicycle, and/or Station resulting in personal injury to the subscriber or others, or property <br />damage to the Equipment, or to the property of others. <br />“Customer Key” shall mean a fare card or fob for rental of Bicycles. <br />“Dock” or “Docking Point” shall mean a locking mechanism contained on a Station <br />designed to receive a Bicycle for locked storage. <br />“Equipment” shall mean all physical components provided by, or used by, Operator so <br />that the System is available for use by the public, including, without limitation Bicycles, Docks, <br />Technical Platforms, Map Frames, Terminals, cables, Station batteries, maintenance trailer, <br />truck, electric bicycle, Customer Keys, trailer, and Bicycle and Station spare parts.