First Amendment to Bike Sharing Service Agreement - Neutron Holdings dba Lime - e-Scooter Pilot Program

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FIRST AMENDMENT TO BIKE SHARING SERVICE AGREEMENT This First Amendment to Bike Sharing Services Agreement (this "First Amendment") is made on November 8, 2018 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City") and Neutron Holdings, Inc., doing business as Lime (formerly "LimeBike"), a Delaware corporation with its principal place of business at 66 Bovet Rd., Suite 320 San Mateo, California 94402 (hereafter,"Lime"). RECITALS A. The City and Lime entered into that certain Bike Sharing Services Agreement dated July 11, 2017 (the "Agreement"), to make bike share services available to residents and those who work in the City, as part of a multi -modal transportation option program (as defined in the Agreement). B. The City and Lime wish to amend the Agreement as set forth in this First Amendment to the Agreement to include a short-term pilot ("Pilot") for use of Lime-S electric scooters ("e-Scooters") within a designated geographic area within the City Property ("Pilot Area"). NOW THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Pilot. Commencing as of the Effective Date stated above, the City agrees to allow Lime to commence a e-Scooter Pilot within the Pilot Area. 2. Duration. The Pilot shall commence as the effective date of this Amendment stated above and continue for a period of no longer than days, weather permitting. Lime shall immediately cease the Pilot and remove all e-Scooters from the Pilot Area, if weather conditions make continuation of the Pilot hazardous or unsafe. Pilot Area. The City agrees to designate and permit Lime to use, on a non-exclusive basis, the City Property depicted in Exhibit A of this First Amendment to conduct the Pilot. Use of the e-Scooters shall be restricted the Exhibit A geographic area. The City's permission to use the Pilot Area constitutes a temporary, nonexclusive license and shall not constitute a lease or an easement. The license shall not be construed to transfer to Lime, or any user of Lime's services, any real property interest in the Pilot Area. 4. Pcriiiilted Use. Lime agrees to comply with the following requirements at all times during the Pilot: a. Number of e-Scooters. There number of e-Scooters permitted to be deployed during the Pilot shall be limited to 250.