Shared Mobility Device Operator Agreement - Bird Rides, Inc.

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SHARED MOBILITY DEVICE OPERATOR AGREEMENT This Shared Mobility Device Operator Agreement (the "Agreement) S� ' 1 � 202; (the "Effective Date"), bY is entered and into on between 'r ¢' 1 -'�v C r (the "Licensee"), and the City of South Bend, Indiana (the "City"}, by and Through its Board of Public Works (the "Beard"), beach a "Party" and collectively referred to herein as the "Parties " ). Statement and Purv)ose The purpose of this Agreement is to establish the rules and regulations governing the operation of a shared mobility device system within the pity while ensuring such operation is consistent with the safety and well-being of users of the system and the users of the City's public right of ways. Operating Rules The undersigned Shared Mobility Operator ("Licensee"), in consideration of being issued a Shared Mobility License by the City shall, as a condition of theissuance and continued validity of the license to operate a shaved mobility device system, comply with all rules and restrictions, including but not limited to, operation, parking, insurance, bonding, data sharing and safety and equipment requirements contained in Chapter 4, Article 4, Section 4-54 of the South bend Municipal bode. indemnification and Hold Harmless The undersigned Shared Mobility operator ("Licensee"), in consideration of being issued a Shared Mobility License by the City shall, as a condition of the issuance and continued validity of the license to operate a Shared Mobility Device system, indemnify, hold harmless and defend, by counsel of the City's choosing, the City and their respective officers, agents, officials and employees for any and all third pasty claims, actions, causes of action, judgments and liens to the extent they arise out of any negligent or wrongful act or omission, or violation of and Provision of this Code or other law by an Operator or any of its officers, agents, employees and users arising from the operation, maintenance, or use of the shared mobility system and the operator's shared mobility devices.. Such indemnity shall include attorneys' fees and all Casts and other expenses arising therefrom or incurred in connection therewith and shall not be limited by any insurance coverage required in Chapter4, Article 4, Section 4- 54, Subsection (e) (2) of South Bend Municipal Code. Term and Termination This Agreement commences as of the above Effective Date and terminates as of 11 :59 p. m. EST on December 31, 2024V