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<br />related EBCE equipment or in a manner that interferes with EBCE operations on the Premises. Nothing
<br />by way of the rights established under this section shall excuse EBCE or its contractors or vendors from
<br />its duty to obtain any and all necessary licenses, permits (including encroachment and building permits),
<br />or other approvals to install signage on the Property.
<br />9. Promotional Activities. During the Term of the Agreement, EBCE may promote the availability of the
<br />Charging Stations through traditional and/or electronic media, including providing the address to the
<br />Property and a description thereof. No Party shall use the other Party’s trade or service marks, logos, or
<br />other proprietary materials without the prior written consent of the other Party. Parties agree to coordinate
<br />promotional activities to the greatest extent possible and will establish a promotional plan, using the
<br />resources of both the City and EBCE.
<br />10. Construction. EBCE shall, at its sole cost and expense, be responsible for installation, construction
<br />and removal of the Charging Stations and related EBCE equipment, hardware, software, and signage,
<br />including the hiring and coordination of vendors and contractors and including any royalties, licenses,
<br />fees, and/or taxes payable due to the operation of the Charging Stations. EBCE shall develop a schedule
<br />(the “Construction Coordination Schedule”), which shall set forth the details, timing and coordination of
<br />the work described above (“Construction Work”). The Construction Coordination Schedule shall be
<br />attached hereto and incorporated herein as Exhibit C. Nick Thom, City Engineer for the City, and Jessie
<br />Denver, Director for EBCE,are delegated authority to make mutually agreeable revisions to the
<br />Construction Coordination Schedule regarding the manner, timing and coordination of the Construction
<br />Work without requiring the City’s Council or EBCE’s Board approval. Before beginning any Construction
<br />Work, EBCE shall provide a copy of the construction schedule and installation plans to the City for its
<br />review, including pricing and bid procedure, which review shall not be unreasonably delayed or withheld.
<br />EBCE shall ensure that it or its designated contractor(s) and/or service providers obtain from
<br />governmental authorities all licenses, permits (including encroachment and building permits), or other
<br />approvals (collectively, "Approvals") required to conduct such installation activities. City will reasonably
<br />cooperate with EBCE's designated contractors and service providers as required to obtain such
<br />Approvals. EBCE shall not permit or suffer any Stop Orders, mechanic's or materialmen's liens to attach
<br />to the Premises. A “Stop Order” means the notice and claim procedures for payment available in California
<br />Civil Code section 9000, et seq., to laborers, subcontractors, suppliers, material men and other parties
<br />identified in California Civil Code 9100 that provide labor or materials to a public project. If such a Stop
<br />Order, mechanic’s or materialmen’s lien attaches to the Premises, EBCE shall remove or bond over such
<br />Stop Order or lien at EBCE' s sole cost and expense, within twenty (20) days of EBCE receiving written
<br />notice thereof. EBCE shall ensure that it or its designated contractors, subcontractors and/or service
<br />providers shall pay prevailing wages for any construction, installation work or maintenance contracts
<br />related to the Charging Station and related equipment, as those wages are determined pursuant to Labor
<br />Code Section 1720 et seq., and Sections 1774 and 1775, to employ apprentices as required by Labor
<br />Code Section 1777.5 et seq., and shall cause the contractors and subcontractors to comply with all other
<br />applicable provisions of the City’s laws, Labor Code and the implementing regulations of the Department
<br />of Industrial Relations (the "DIR").
<br />11. Modification. EBCE may, at any time during the Term and in its discretion modify, including, without
<br />limitation, upgrade, replace, and/or remove all or a portion of the Charging Stations (collectively,
<br />“Modifications”), whether or not said items are considered fixtures and attachments to the Premises under
<br />applicable laws; provided, however, before any such Modifications, EBCE shall provide at least sixty (60)
<br />days prior notice to City and obtain all necessary licenses or permits prior to commencing any
<br />Modification. Any Modification does not waive, cancel or void EBCE’s obligations under the remainder of
<br />this Agreement.
<br />12. Removal. Within ninety (90) days following the termination of this Agreement, EBCE, at its sole cost
<br />and expense, shall remove, or cause its contractors and vendors to remove, the Charging Stations and
<br />all of EBCE's other equipment and personal property from the Premises, including signage, but not electric
<br />infrastructure, which shall remain with the Property. This provision shall survive the termination of this
<br />Agreement. EBCE and its contractors and vendors shall coordinate with PG&E and have the electric
<br />service and switchgear removed. Electrical conduits can be capped and abandoned in place. Wires must
<br />DocuSign Envelope ID: 9A9D2499-76B9-48B0-8ECE-EF852438F252DocuSign Envelope ID: EC3D6FF2-1EAC-45AF-8666-F6EEFB410D6F
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