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<br />EXECUTION VERSION
<br /> Page 4
<br />“Site Access Hours”). City shall notify EBCE at least forty-eight (48) hours in advance of any need to limit access
<br />to any Site during Site Access Hours due to maintenance, safety, or other unforeseen reasons, or, if possible, as soon
<br />as reasonably practical in the event of an emergency.
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<br />10. Signage & Promotional Activities. At EBCE’s sole cost, EBCE and its contractors and vendors may stripe and
<br />place appropriate signage at each Site and mark each Charging Station and all Charging Stalls and related EBCE
<br />equipment in EBCE’s reasonable discretion, subject to City’s written prior approval, not to be unreasonably
<br />withheld. In addition, subject to City’s prior approval, not to be unreasonably withheld, EBCE and its contractors
<br />and vendors may place signage, marks, or advertising devices in, on, or about and around each Site within each
<br />Property at EBCE’s sole cost and subject to applicable laws and regulations. At no time may City place any signage
<br />on EBCE Charging Stalls, Charging Stations or related EBCE equipment or in a manner that interferes with EBCE
<br />operations at each Site. Nothing by way of the rights established under this section shall excuse EBCE, its contractors
<br />and vendors, from the requirements set forth in the City’s municipal code or their duty to obtain any and all necessary
<br />licenses, permits (including encroachment and building permits), or other approvals to perform the services under
<br />this section.
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<br />11. Promotional Activities. During the Term of the Agreement, EBCE may promote the availability of the Charging
<br />Stations through traditional and/or electronic media, including providing the address to each Property and a
<br />description thereof. No Party shall use the other Party’s trade or service marks, logos, or other proprietary materials
<br />without the prior written consent of the other Party. Parties agree to coordinate promotional activities to the greatest
<br />extent possible and will establish a promotional plan, using the resources of both the City and EBCE.
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<br />12. Construction; Permits. EBCE shall, at its sole cost and expense, be responsible for installation, construction
<br />and removal of the Charging Stalls and Charging Stations, including the hiring and coordination of vendors and
<br />contractors. City and EBCE shall develop a schedule (the “Construction Coordination Schedule”), which shall set
<br />forth the details, timing and coordination of the work described above (“Construction Work”). The Construction
<br />Coordination Schedule shall be set forth in a Notice to Proceed for each Property; provided, that if the Construction
<br />Coordination Schedule is not available at the time of execution of the Notice to Proceed, the Parties agree to amend
<br />the Notice to Proceed to include the Construction Coordination Schedule once it is available. Any delay in providing
<br />the Construction Coordination Schedule at the time of the Notice to Proceed, shall not affect or otherwise extend
<br />any obligation that is calculated from the date of the Notice to Proceed. Before beginning any Construction Work,
<br />EBCE shall provide a copy of the construction schedule and installation plans to the City for its approval, including
<br />pricing and bid procedure, which approval shall not be unreasonably delayed or withheld. EBCE shall ensure that
<br />it or its designated contractor(s) and/or service providers obtain from governmental authorities all licenses, permits
<br />(including encroachment and building permits), or other approvals required to conduct such installation activities
<br />(collectively, “Approvals”). City shall reasonably cooperate with EBCE’s designated contractors and service
<br />providers as required to obtain such Approvals. EBCE shall not permit or suffer any Stop Orders, mechanic’s or
<br />materialmen’s liens to attach to any Site. A “Stop Order” means the notice and claim procedures for payment
<br />available in California Civil Code section 9000, et seq., to laborers, subcontractors, suppliers, materialmen and other
<br />parties 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 a Site, EBCE shall remove or bond over such Stop Order or lien
<br />at EBCE’s sole cost and expense, within twenty (20) days of EBCE receiving written notice thereof from City.
<br />Failure to do so shall constitute a material breach of this Agreement. EBCE shall ensure that it or its designated
<br />contractors, subcontractors and/or service providers shall pay prevailing wages for any construction, installation
<br />work or maintenance contracts related to each Charging Station and related equipment, as those wages are
<br />determined pursuant to Labor Code Section 1720 et seq., and Sections 1774 and 1775, to employ apprentices as
<br />required by Labor Code Section 1777.5 et seq., and shall cause the contractors and subcontractors to comply with
<br />all other applicable provisions of the Labor Code and the implementing regulations of the Department of Industrial
<br />Relations (the “DIR”). Failure to comply with the terms under this Section 12 shall constitute a material breach of
<br />this Agreement.
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<br />13. Modification. EBCE may, at any time during the Term, and subject to the terms of this Agreement, in its sole
<br />discretion modify, including, without limitation, upgrade, replace, and/or remove all or a portion of any Charging
<br />Station (collectively, “Modifications”), except for items that are considered fixtures and attachments to a Site or
<br />Property under applicable laws in which case EBCE shall require the City’s prior written authorization; provided,
<br />DocuSign Envelope ID: D2372BE9-D7E3-4E76-9BFF-E8B3CA2B606C
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