Third Amendment to Bike Sharing Agreement - Neutron Holdings Inc dba Lime - Extend E-Scooter Pilot Program

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THIRD AMENDMENT TO BIKE SHARING SERVICES AGREEMENT This Third Amendment to Bike Sharing Services Agreement (this "Third Amendment") is made on May 19, 2019 (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 referred to as "Lime"). RECITALS A. The City and Lime entered into a 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 amended the Agreement on November 8, 2018 as set forth in the 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"). C. The City and Lime amended the Agreement on March 26, 2019 as set forth in the Second Amendment to the Agreement to provide a second short-term pilot ("Second Pilot") for use of the e-Scooters within the Pilot Area. D. The City and Lime wish further to amend the Agreement as set forth in this Third Amendment to the Agreement to provide a third short-term pilot ("Third Pilot") for use of the e-Scooters within the Pilot Area. NOW THEREFORE, in consideration of the mutual promises and obligations in this Third Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: Duration. Subject to appropriate weather conditions, the Third Pilot shall commence on the Effective Date of this Amendment and continue until August 1, 2019. 2. 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 Third Amendment to conduct the Third Pilot. Use of the e-Scooters shall be restricted to the Pilot Area; however, the Pilot Area may be expanded upon the written approval of the City's Executive Director of Public Works, or his designee. The City's permission to use the Pilot Area (or any expanded 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.