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Execution Version
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<br />f. by either Party, if any portion of the Property is damaged by fire or other casualty in a
<br />manner that adversely affects EBCE's use of the Premises, within thirty (30) days of the date of such fire
<br />or other casualty.
<br />5. Electricity and Communications. Unless otherwise agreed by the Parties, EBCE shall be responsible
<br />for all electricity and communications costs of the Charging Station by obtaining separately metered
<br />electricity service. City shall reasonably cooperate with EBCE's efforts regarding the provision of electricity
<br />to the Charging Station. Neither City nor EBCE has any responsibility or liability for interruption,
<br />curtailment, failure, or defect in the supply or character of distribution utilities furnished to the Charging
<br />Station. City grants to EBCE the right to establish and/or receive utility services for the limited Purposes
<br />of the terms of this Agreement, including but not limited to electric, and the right for the distribution utility
<br />service supplier to construct, reconstruct, install, inspect, maintain, replace, remove, and use said utility
<br />services to serve the Charging Station together with the right for the distribution utility service supplier to
<br />ingress to and egress from said utility service facilities across the City Property to the Premises. City
<br />grants the right for the distribution utility and the service utility to trim, cut down, and clear away or
<br />otherwise control any trees or brush owned or controlled by the City within five (5) feet of said route. In
<br />addition, City shall not erect or construct any building or other structure or drill or operate any well under
<br />or within five (5) feet of said route and on City property. Nothing by way of the rights established under
<br />this section shall excuse EBCE, its contractors or vendors, or the distribution utility service supplier, from
<br />its duty to obtain any and all necessary licenses, permits (including encroachment and building permits),
<br />or other approvals to establish and receive utility services or time and cut down or remove trees or brush.
<br />6. Maintenance and Operation of Premises. City shall cause the Premises, including EBCE Charging
<br />Stalls, to be maintained in a clean, safe, and orderly condition, to at least the same standard as other
<br />areas at the Property that are under the City’s control. For purposes of clarification, City shall have no
<br />responsibility to maintain EBCE’s Charging Stations or related EBCE equipment, hardware, software, or
<br />signage. City shall not retain any ownership rights in the Charging Station and related EBCE equipment.
<br />EBCE and its employees, contractors, and vendors may, at any time during the Term, access the
<br />Premises and Property to maintain, inspect, repair, upgrade, remove or replace any portion of the
<br />Charging Station. Nothing by way of the rights established under this section shall excuse EBCE or its
<br />contractors or vendors from its duty to obtain any and all necessary licenses, permits (including
<br />encroachment and building permits), or other approvals to maintain, inspect, repair, upgrade, remove or
<br />replace any portion of the Charging Station. EBCE shall operate and maintain, and/or retain a third-party
<br />contractor (“Contractor”) to operate and maintain, the Charging Stations in accordance with Exhibit B,
<br />attached hereto and incorporated herein by this reference (“Maintenance and Operations Plan”). The
<br />Maintenance and Operations Plan shall be updated from time to time and EBCE shall identify the
<br />Contractor retained by EBCE to operate and maintain the Charging Stations. Exhibit B may be modified
<br />in accordance with the terms of Exhibit B upon EBCE’s selection of a Contractor, and such modification
<br />shall not require City’s Council or EBCE’s Board approval.
<br />7. EBCE Customers: Access. EBCE will provide Charging Station access to customers (“EBCE
<br />Customers”), which may include members of the public, as well as commercial fleet and rideshare
<br />vehicles, who shall be charged in amounts reasonably determined by EBCE, which may change from
<br />time to time in EBCE's sole discretion. EBCE Customers shall have access to the Premises twenty-four
<br />(24) hours per day, seven (7) days a week, and three hundred sixty-five (365) days per year. City shall
<br />notify EBCE at least forty-eight (48) hours in advance of any need to limit access to the Premises due to
<br />maintenance, safety, special use, or other unforeseen reasons, or, if possible, as soon as reasonably
<br />practical in the event of an emergency.
<br />8. Signage & Promotional Activities. At its sole cost and expense, EBCE and its contractors and vendors
<br />may stripe and place appropriate signage at the Premises and mark the Charging Station and Charging
<br />Stalls and related EBCE equipment in EBCE's sole discretion. In addition, subject to City's prior written
<br />approval, not to be unreasonably withheld, EBCE and its contractors and vendors may place signage,
<br />marks, or advertising devices in, on, or about and around the Premises within the City Property, as
<br />described in the Maintenance and Operations Plan, at EBCE' s sole cost and subject to applicable laws
<br />and regulations. At no time may City place any signage on EBCE Charging Stalls, Charging Stations or
<br />DocuSign Envelope ID: 9A9D2499-76B9-48B0-8ECE-EF852438F252DocuSign Envelope ID: EC3D6FF2-1EAC-45AF-8666-F6EEFB410D6F
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