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3.8. Operating Agreement. Anything herein to the contrary notwithstanding. it is understood and agreed that the use of the Transit Facilities under and pursuant to this Agreement shall be subject to the temls, conditions and provisions of the Restatement of Operating Agreement: dated July 24,1976 and filed in the office of the Registrar of Titles, Ramsey County, Minnesota, as Document No. 6223, 18, and filed in the office of the County Recorder, Ramsey County, Minnesota, as Document No. 1931872 as the same is now or hereafter amended (said Restatement of Operating Agreement. as now or hereafter amended, is herein called the "Operating Agreement.). If there at any time is any conflict between the provisions of this Agreement and the provisions of the Operating Agreement, the provisions of the Operating Agreement shall prevail and control Equitable hereby warrants and represents to City that no provisions of the Operating Agreement prohibit the entering into or performance of this Agreement by Equitable. ARTICLE IV P ARK AND RIDE 4.1. Location and Use. Passengers of transit services provided by allowed users of the Transit Faci 1 ities as stated in Section 3.1 hereof may park in the area shown on the Site Plan as the park and ride area. (the "Park and Ride Area"). 4.2. Time of Use. Such passengers may park in the. Park and Ride Area from 5:00 a.m. to 10:00 p.m. of each day, except. however, Saturdays, Sundays, holidays as defined by Minnesota statutes, the Friday after Thanksgiving, and at such time as the Park and Ride Area is relocated pursuant to paragraph 4.4 hereof. Any such passengers parked in the Park and Ride Area at times other than as above stated shall be subject to removal or such other action as is used from time to time, by Equitable to enforce its parking and use regulations at Rosedale. 4.3 Term. The telID of use of the Parle and Ride Area shall be the same asset out in Section 3.2, and shall terminate as provided in Section 4.5 1 \&eof, or when this Agreement is terminated pursuant to any other provision of this Agreement, or by agreement of the parties hereto. 4.4. Temporary Relocation. Equitable may temporarily change the, 'location of the Park and Ride Area, at any time, and from time to time, and in whole or in part, by written notice given to the RTB, which notice shall state the beginning and ending dates of such termination, which beginning date shall not be earlier than fifteen (15) days after the date of such notice, and which may be off of the Rosedale property. If relocation is on the Rosedale property, such relocation shall be done only to such areas, and for such