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<br />203215669.16 A-1-3 <br />monthly report to MTC. Notwithstanding the foregoing, Operator shall waive such fees for <br />stolen Bicycles or Bicycles that are damaged in connection with a crime against the rider or in a <br />collision with a motor vehicle, so long as an appropriate police report is filed for the incident. <br />2.6 Helmets. Operator shall provide information on the System website and in the <br />subscription agreement about the importance of wearing helmets for safety reasons. Operator <br />will make reasonable best efforts to provide users with information that directs them to nearby <br />bike shops and other locations where subscribers may purchase a helmet and shall display on the <br />System website where discounts are available and at Terminals. <br />2.7 Subscriber Communications. Upon request from MTC, Operator will send biking <br />related information announcements via electronic mail to all subscribers who do not “opt out’ of <br />receiving such emails. <br />3. Operations <br />3.1 Continuous Operation and Management. The System shall commence operating <br />on the Effective Date and shall remain in operation 24 hours per day, 365 days per year. <br />3.2 Inspection and Maintenance. <br />(1) Operator shall, at all times, follow and strictly comply with the <br />manufacturer’s requirements, warranties, and recommendations for assembly, <br />maintenance, storage and repair of all Equipment. Operator shall not be <br />obligated to purchase any replacement Equipment. <br />(2) Operator shall perform a maintenance check for each Bicycle once every two <br />calendar months consisting of the following checks, with deficient elements <br />repaired or replaced as necessary: <br /> <br />Check tire pressure, and add air as may be needed, to recommended Pounds <br />per Square Inch measurement; <br />Check tightness of handlebars, headset bearings, and full handlebar range of <br />motion (left to right); <br />Check tightness of seat, seat post quick-release, and see that seat post moves <br />freely in full range of motion (up and down); <br />Check brake function (front and rear); <br />Check grips for wear and brake levers for tightness and damage; <br />Check bell for tightness and correct function; <br />Check handlebar covers for damage and instruction stickers; <br />Check front basket for tightness and damage, and check bungee cord for <br />wear; <br />Check for correct gears and shifter function through all 5 gears; <br />Check fenders (front and rear) for damage, and clean outside of fenders; <br />Check tires (front and rear) for damage or wear; <br />Check wheels (front and rear) for trueness, broken or bent spokes and hub or <br />axle tightness; <br />Check LED lights (front and rear) for function;