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2022.10.13
<br /> associated Property to maintain,inspect, repair,upgrade,remove or replace any portion of a Charging Station.
<br /> EBCE,at its sole cost and expense, shall operate and maintain, and/or retain a third-party contractor to operate
<br /> and maintain,the Charging Station(s)in accordance with Exhibit C, attached hereto and incorporated herein by
<br /> this reference("Maintenance and Operations Plan").
<br /> 9. EBCE Customers: Access. EBCE will provide Charging Station access to customers ("EBCE Customers"),
<br /> which may include members of the public,who shall be charged in amounts reasonably determined by EBCE,
<br /> which may change from time to time in EBCE's sole discretion. EBCE Customers shall have access to each Site
<br /> during the hours set forth in a Notice to Proceed for each Property(the"Site Access Hours"). Host shall notify
<br /> EBCE at least forty-eight(48)hours in advance of any need to limit access to any Site due to maintenance,safety,
<br /> or other unforeseen reasons, or,if possible, as soon as reasonably practical in the event of an emergency.
<br /> 10. Signage&Promotional Activities. EBCE,at its sole cost and expense, and its contractors and vendors, may
<br /> stripe and place appropriate signage at each Site and mark each Charging Station and all Charging Stalls and
<br /> related EBCE equipment in accordance with the Approvals(as defined in Section 12 below). In addition,subject
<br /> to Host's prior written approval, not to be unreasonably withheld,EBCE and its contractors and vendors may
<br /> place signage,marks,or advertising devices in,on,or about and around each Site within each Property at EBCE's
<br /> sole cost and subject to applicable laws and regulations. At no time may Host place any signage on EBCE
<br /> Charging Stalls, Charging Stations or related EBCE equipment or in a manner that interferes with EBCE
<br /> operations at each Site.
<br /> 11. 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 each Property
<br /> and a description thereof.No Party shall use the other Party's trade or service marks, logos,or other proprietary
<br /> materials without the prior written consent of the other Party. Parties agree to coordinate promotional activities
<br /> to the greatest extent possible and will establish a promotional plan, using the resources of both the Host and
<br /> EBCE.
<br /> 12. Construction; Permits. EBCE shall, at its sole cost and expense, be responsible for installation of the
<br /> Charging Stations, including the hiring and coordination of vendors and contractors. Host and EBCE shall
<br /> develop a schedule (the "Construction Coordination Schedule"), which shall set forth the details, timing and
<br /> coordination of the work described above ("Construction Work"). The Construction Coordination Schedule
<br /> shall be set forth in a Notice to Proceed for each Property; provided, that if the Construction Coordination
<br /> Schedule is not available at the time of execution of the Notice to Proceed,the Parties agree to amend the Notice
<br /> to Proceed to include the Construction Coordination Schedule once it is available. Before beginning any
<br /> Construction Work, EBCE shall provide a copy of the construction schedule and installation plans to the Host
<br /> for its approval, including pricing and bid procedure, which approval shall not be unreasonably delayed or
<br /> withheld. 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 approvals
<br /> (collectively,"Approvals")required to conduct such installation activities. Host shall reasonably cooperate with
<br /> EBCE's designated contractors and service providers as required to obtain such Approvals. EBCE shall not
<br /> permit or suffer any Stop Orders,mechanic's or materialmen's liens to attach to any Site.A"Stop Order"means
<br /> the notice and claim procedures for payment available in California Civil Code section 9000, et seq.,to laborers,
<br /> subcontractors, suppliers, materialmen and other parties identified in California Civil Code 9100 that provide
<br /> labor or materials to a public project. If such a Stop Order,mechanic's or materialmen's lien attaches to a Site,
<br /> EBCE shall remove or bond over such Stop Order or lien at EBCE's sole cost and expense, within twenty(20)
<br /> days of EBCE receiving written notice thereof from Host. EBCE shall ensure that it or its designated contractors,
<br /> subcontractors and/or service providers shall pay prevailing wages for any construction, installation work or
<br /> maintenance contracts related to each Charging Station and related equipment, as those wages are determined
<br /> pursuant to Labor Code Section 1720 et seq.,and Sections 1774 and 1775,to employ apprentices as required by
<br /> Labor Code Section 1777.5 et seq., and shall cause the contractors and subcontractors to comply with all other
<br /> applicable provisions of the Labor Code and the implementing regulations of the Department of Industrial
<br /> Relations(the"DIR").
<br /> 13. Modification. EBCE may, at any time during the Term, modify, including, without limitation, upgrade,
<br /> replace, and/or remove all or a portion of any Charging Station (collectively, "Modifications"), whether or not
<br /> S�h:dule v REVISED 011317 OW,
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