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party. Contractor shall defend, indemnify and hold harmless the City pursuant to the <br />Indemnification provisions of this Agreement with respect to any claims that arise from <br />any such copying, modification, sale or other distribution of the Control System. As <br />specified by the Parking Manager, certain report forms and procedures shall be used in <br />conjunction with the Control System. Any modifications of said reports and procedures <br />shall be subject to prior approval and written authorization from the Parking Manager. <br />F. Deposits of Cash Receipts <br />Any and all monies charged or collected by Contractor for parking fees, except refundable <br />deposits collected by Contractor, shall be deposited by Contractor directly into a bank <br />account (hereinafter "Account") controlled by Contractor. Deposits will be made into the <br />Account by Contractor the next business day following each day's activities, before 3:00 <br />P.M., except for Saturdays, Sundays, and City Holidays, for which deposit shall be made <br />on the next business day. All bank deposit slips shall be made out in multiple copies and <br />retained. At the Parking Manager's request, one copy of any bank deposit slip shall be <br />forwarded for same day delivery to the attention of the Parking Manager. Contractor shall <br />file daily reports on said deposits with the Parking Manager in such form and manner and <br />at such times as may be specified by the Parking Manager. Failure to prepare the required <br />bank deposit and place said deposit into the Account on a daily basis shall constitute a <br />material breach, for which the City shall be entitled, after written notice to Contractor with <br />three (3) business days to cure, to immediately terminate all of Contractor's rights <br />hereunder. <br />G. Permit Parking <br />The City shall be responsible for and administer all aspects of the permit (long term) <br />parking system established by the City in connection with the parking facilities. This shall <br />include but not be limited to billing, collection and issuance of access cards; collection of <br />and reimbursement to customers of card deposits made therefore; and assessment and <br />collection of any penalties associated with use of same. Contractor shall cooperate with <br />City with respect to City's Permit Parking system. Contractor shall assist permit parkers <br />with accessing the garages and any issues they may have with using their permits. <br />H. Short-term Parki <br />1. All parking other than on a permit basis shall be on an hourly or short-term rate <br />basis and shall be considered short-term parking. <br />2. Contractor shall provide customer service as needed for all customers using <br />the Pay on Foot System (hereinafter "POF") to be used in the operation of the Parking <br />Facilities. <br />3. The POF system requires that customers pay as they return to the Parking <br />Facility, prior to removing their vehicle. The Contractor shall remind, educate and assist <br />customers with the processes to pay and leave the Parking Facility. <br />REV: 12-10-2020 RL <br />ATTY/AGR.2020.291/ACE Parking (Page 6 of 31) 3 <br />