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<br /> <br />or <br />pursuant to Section hereof, or (ii) Equitable detennines, sole discretion, <br />the Park and Ride Area parking spaces are needed tor customers of Rosedale tenants <br />during all or any part of any holiday as defined by Minnesota Statutes, or from <br />Thanksgiving to and including December 31 of any year. If relocated on the Rosedale <br />properly, the provisions of Section 2.5 hereof shall continue to apply as to the relocated <br />Park and Ride Area. If relocated off of the Rosedale property, then City, and not <br />Equitable, shall perform the maintenance, repair and reconstruction duties set out in <br />Section 2.5 hereof as to the relocated Park and Ride Area. Reference herein to Park and <br />Ride Area shall mean the area to which it is relocated so long as such relocation <br />continues. <br /> <br />4.5. Pennanent Termination. Equitable may permanently terminate the use of the <br />Parle: and Ride Area pursuant to this Agreement, at any time, and in whole or In part, by <br />written notice given to the RTB which shall state the date of such termination or <br />relocation, which shall not be earlier than 180 days after the date of such notice. <br /> <br />4.6. Reimbursement. If the RTB temlinates this Agreement in its entirety as a <br />direct result of termination, In whole or In part, by Equitable, pursuant to Section 4.5 <br />hereof, then Equitable shall reimburse RIB an amount determined pursuant to Section <br />3.5 hereof, to be paid on the date of such termination. <br /> <br />4.7. Removal of Vehicles. It is ~ that some persons use the Park and Ride Area <br />who are not passengers of transit services. Therefore, it is agreed that the vehicles of such <br />persons shall be subject to removal or such other action as is used from time to time, by <br />Equitable to enforce its parking and use regulations at Rosedale. <br /> <br />4.8. Use Regulations. Use of the Park and Bide Area pursuant to this Agreement <br />shall be subject to such rules and regulations as Equitable may establish (from time to <br />time for the control and regulation of traffic arid motor vehicles in ~ale; provided, <br />however, that Equitable shall not establish, or impose on, the Park and Ride Area any <br />rules and regulations which are contrary to Section 4.2 hereof or which In operation <br />effectively eliminate the use of the Park and Ride Area by passengers of Busses. <br /> <br />4.9. Non-Exclusive. The use of the Park and Ride Area by the City and RTB and <br />other persons allowed by Section 4.1 hereof, is and shall be exclusive, and Equitable and <br />other owners, lessees and occupants ofRosedale and their customers, guests and <br />invitees, may use the Park and Ride Area for any purposes, similar or dissimilar, to the <br />uses allowed by this Agreement; provided that such or dissimilar uses shall be subject to <br />the prior and superior rights granted by this Article IV of this Agreement. <br />