Fourth Amendment to Bike Sharing Services Agreement - Neutron dba Lime - E-Scooter

Home Browse Search

FOURTH AMENDMENT TO BIKE SHARING SERVICES AGREEMENT This Fourth Amendment to Bike Sharing Services Agreement (this "Fourth Amendment') is made on August 1, 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") each a Party and collectively referred to as the Parties. RECITALS WHEREAS, 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); and WHEREAS, 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"); and WHEREAS, the City and Lime amended the Agreement on March 26, 2019, as set forth in the Second Amendment to the Agreement, to extend the term of the e-Scooters pilot within the Pilot Area until May 19, 2019. WHEREAS, the City and Lime amended the Agreement on May 28, 2019, as set forth in the Third Amendment to the Agreement, to extend the term of the e-Scooters pilot within the Pilot Area until August 1, 2019. WHEREAS, the City and Lime desire to further to amend the Agreement as set forth in this Fourth Amendment to the Agreement to extend the term of the e-Scooters pilot within the Pilot Area. NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement, the First Amendment, the Second Amendment, the Third Amendment, and this Fourth Amendment, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: Section 13. of the Agreement, Term, is amended to extend the term of the e-Scooters pilot, within the Pilot Area, until December 31, 2019, at which time all rights, responsibilities and obligations under the Agreement shall expire. 2. Section 14. of the Agreement, Termination, is deleted in its entirety and replaced by the following: