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<br /> <br />EXECUTION VERSION <br /> Page 7 <br />requirement, civil or military authority, act of God, pandemic, act or omission of carriers or other similar causes <br />beyond the Party's control. <br /> <br /> i. Attorneys' Fees. If a Party institutes a suit against another Party for violation of or to enforce any <br />covenant, term or condition of the Agreement, the prevailing Party shall be entitled to reimbursement of all of its <br />costs and expenses, including, without limitation, reasonable attorneys’ fees. <br /> <br /> j. No Third-Party Beneficiaries. The Agreement does not confer any rights or remedies on any person <br />other than the Parties and their respective successors and permitted assigns. <br /> <br /> k. Integration; Amendments. The Agreement contains all agreements, promises and understandings <br />between the Parties as to the subject matter of this Agreement. Any amendment, modification or other change to the <br />Agreement shall be ineffective unless made in a writing signed by the Parties hereto. <br /> <br /> l. Counterparts. The Agreement may be executed in any number of counterparts with the same effect <br />as if all the Parties had signed the same document. <br /> <br /> m. Construction. All documents or items attached to, or referred to in, the Agreement are incorporated <br />into the Agreement as fully as if stated within the body of the Agreement. Each Party has cooperated in the drafting, <br />negotiation and preparation of the Agreement and nothing herein shall be construed against any Party on the basis <br />of that Party being the drafter of such language. <br /> <br />n. Annual Reports. EBCE shall provide City with reports, at least annually, for each Site. Annual <br />reports will be provided within thirty (30) days of the close of each EBCE fiscal year, which currently ends June 30 <br />of each calendar year. To the extent such information is available to EBCE, annual reports shall include: number of <br />charging sessions (by month), usage trends (by month), number of hours that stations were inoperable (including for <br />periods of planned maintenance and repair), and cleaning, maintenance and repair records. Where possible, report <br />data shall be provided in sufficient granularity to identify usage trends by days of the week and times of day. <br /> <br />[Signature page follows on next page.] <br /> <br />DocuSign Envelope ID: D2372BE9-D7E3-4E76-9BFF-E8B3CA2B606C