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<br /> <br /> <br /> <br />IS e <br />Section City or R TB shall provide a service <br />and Ride Area to the Waiting Area Bus Shelter. Such service shall operate only on the <br />Bus Route and shall be subject to the provisions of Sections 3.1, 3.7 and 4.8 hereof. <br /> <br />(b } Equitable shall pay one-half ofthe actual out-of-pocket costs incurred by City <br />or RTB after January 1,1991 for operating such shuttle, but only as to such costs which <br />meet all of the following conditions: (I) they must be for' operation during weekdays <br />only, (Ii) they must be for shuttles from Park and Ride Areas relocated off of the <br />Rosedale property, and (iii) they must be for operation during holidays as defined. by <br />Minnesota Statutes or during the period from Thanksgiving to December 31 of any year. <br />However, in any event Equitable shall not pay more than $2,750.00 per month toward <br />actual out-of-pocket costs of operating such shuttle. City or RTB shall give to Equitable <br />each month a statement for costs incurred during the then prior month for operation of the <br />shuttles for which Equitable is to share payment, as above provided, such statement to be <br />in such form and to show such detail and breakdown, and supported by such invoices and <br />receipts and similar data, as Equitable shall reasonably request. Equitable shall pay its <br />share of such monthly operating costs within thirty (30) days after Equitable receives <br />such statement in a form and with such detail and breakdown, and supported by such <br />invoices, receipts and similar data, as Equitable has then requested. If Equitable's share <br />15 not paid in full within said thirty (30) day period, then the unpaid portion of the <br />statement shall bear interest at 12% per annum from the end of said thirty (30) day period <br />until paid, and any partial payment of a statement shall be applied first to accrued interest <br />and then to principal. 1 lie remedy of R TB or City for refusal of Equitable 10 make any <br />payment due pursuant to the provision of this paragraph shall be limited to recovery of <br />the amount due, with interest and costs of enforcement and collection pursuant to <br />paragraphs 5.3(d) and (e), all other remedies being hereby waived and released. <br /> <br />4.11. Notice to Users of Relocated Park And Ride. City or RTB also <^]' . shall <br />give notice, without cost or charge to Equitable, to users of the Park and Ride, , ..' Area <br />of the then relocated Park and Ride Area for the purpose of directing users to the then <br />relocated Park and Ride Area. Such notice shall be given upon the occurrence of each <br />such relocation and shall be given each day for at least three business days before each <br />such relocation. Such notice, at a minimum, shall include handouts to riders of the Busses <br />serving the Park and Ride Area and fliers on cars using the Park and Ride Area. <br /> <br />ARTICLE V <br /> <br />LIABILITY AND REMEDIES <br /> <br />5.1. Hold Harmless by Equitable. Equitable shall hold the City and the RTB, and <br />their respective officials, officers, agents, employees and representatives hannless from <br />and indemnified against any loss, cost, damage or expense, including reasonable <br />attorneys' fees, arising out of any claims by persons not a party to this Agreement, which <br />