Common use of Operator’s Responsibilities Clause in Contracts

Operator’s Responsibilities. 6.1 Any person/Operator seeking to operate a ▇▇▇▇ within the City shall execute this Agreement. Operator acknowledges and agrees that this is a non-exclusive agreement and that City may enter into operating agreements with other operators of ▇▇▇▇ at its sole discretion. 6.2 The City reserves the right to amend, modify or change the terms and conditions within this Operating Agreement at its discretion. 6.3 Operator shall provide easily visible contact information, including a 24- hour toll free phone number and email address on each Shared Device for use by the public to report safety concerns, complaints, or to ask questions. 6.4 Operator shall provide City with the contact information of a locally-based manager/operations staff with decision making power who can respond to City requests, emergencies, and other issues 24 hours a day seven days a week. 6.5 From 6:00 a.m. to 6:00 p.m. on weekdays, not including legal holidays, Operator shall respond to public, Customer, or City requests for rebalancing, reports of incorrectly parked Shared Devices, or reports of unsafe/inoperable Shared Devices by relocating, re-parking, or removing Shared Devices completely within two hours of receiving written or oral notice. During all other times, Operator shall remove or re-locate Shared Devices within 12 hours of receiving notice. City representatives may relocate, re- park, or adjust incorrectly parked or unsafe/inoperable Shared Devices without providing notice to Operator. In the event a Shared Device is not relocated, re-parked, or removed within the timeframe specified herein, or any Shared Device is parked in one location for more than 72 hours without moving, such Shared device may be removed by City personnel and taken to a City facility for storage at the expense of the operator. Notwithstanding the foregoing, City reserves the right to impound Shared Devices that may impact the health, safety, or welfare of City residents or visitors or is placed or operated in a manner that violates the terms of this Agreement without notice to Operator and at the expense of the Operator. The City shall not be responsible for any damage to any Shared Devise impounded or taken into storage and City is under no obligation to safe-keep any Shared Device. Operator’s policy for handling complaints of improperly parked or abandoned Shared Devices is attached hereto as Exhibit A. 6.6 Operator shall halt its ▇▇▇▇ Operation completely daily by 10:00 p.m.(CST). Shared Devices shall remain inactive until 5:30 (CST) of the following day. 6.7 Operator will be responsible for all costs associated with disposal of Shared Devices. 6.8 On days where accumulating snow is anticipated, Operator shall remove its Shared Devices from City public rights-of-way. Operator agrees to hold the City harmless for damage to Shared Devices caused by City’s snow removal operations and for any damage caused to City vehicles and removal of Shared Devices.