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

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3. Permitted Use,. Lime agrees to comply with the following requirements at all times during the Second Pilot: a. Number of e-Scooters. The number of e-Scooters permitted to be deployed during the Second Pilot shall be limited to 250. b. MaxLn1qn2 S eed. Lime shall cap the maximum speed of the e-Scooters at 15 mph. c. Ri ,'fit-cal"-Wsty Use. The e-Scooters will be allowed to operate within designated bike lanes, protected bike lanes, travel lanes marked with sharrows, and on the City trail systems. Use on sidewalks is strictly prohibited. d. Safety Features. Lime shall require all users to wear helmets while operating e-Scooters. The City will cooperate with Lime in providing a helmet giveaway program. e. [Accnse and Age Requirement. The Lime app shall require verification that a user is 18 years of age or older and possess a valid driver's license to unlock and use an e-Scooter. f. E-Scooter C'laar ying. A fully charged Lime e-Scooter can travel a maximum range of 20+ miles and possess an in-app battery monitoring system. When an e-Scooter is running low on power, either Lime staff or Lime's independent team of "juicers" will pick up the e-Scooter, charge the battery and redeploy it within the Pilot Area. 4. Fees. The City will not charge any fees to, or reimburse any costs or expenses of, Lime associated with the Second Pilot. Lime will not pay any fees to the City associated with the Second Pilot. Indemnification. The "Indemnification" provision of the Agreement is deleted in its entirety and replaced with the following: Indemnification. Lime shall defend, indemnify and hold harmless City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City Parties") from all claims, suits, actions, damages, demands, costs or expenses of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, including without limitation court costs and reasonable attorneys' fees, resulting from or in connection with or arising directly or indirectly out of or from or on account of: i. Any occurrence upon, at or from City Property, inclusive of the Pilot Area, or occasioned wholly or in part by the entry, use or presence upon City Property, inclusive of the Pilot Area, by Lime or by anyone making use of City Property, inclusive of the Pilot Area, at the invitation or sufferance of Lime, except such loss or damage which was caused by the sole negligence or willful misconduct of City; or ii. Use of Lime's bikes, e-Scooters or other equipment by any individual regardless of whether such use was with or without the