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<br /> <br /> <br /> <br /> <br />-., <br /> <br /> <br /> <br />Reimbursement. If Agreement is <br />pursuant to Section 3.3, or if this Agreement is terminated by Oty or pursuant <br />to paragraph S.3(a}(ii) hereof, due to faU,tu'e by.Equitable to perform its obligations, <br />then Equitable shall pay to RTB an amount equal to the total cost paid by RTB or <br />Oty to Equitable pursuant hereto for the Transit Hub Improvements (which, in <br />, event of a relocation, shall mean those which existed immediately prior to the then <br />'<"'.le1ocation), Jess, however, an amount equal to 1/2Oth of such total cost tlmesthe <br />'*timber of .full term years (as defined in Section 3.2 hereof), and a pro rata portion of <br />such 1/20th for any pro rata portion of any full term year, which has elapsed since <br />t1ledate of commencement of the 2O-year term determined pursuant to Section 3.2 <br />hereof, to the date of such termination or rem.o~~ Such amount shall be paid, <br />without interest, on the date of termIna.tion, <br /> <br /> <br /> <br />3.6. Non-exclusive. The use of the Transit Facilities by the City <br />RTB and other persons allowed by Section 3.1 hereof, is and shall be non-exclusive, <br />and Equitable and other owners, lessees and occupants of Rosedale, and their <br />, customers, guests and invitees, may use the Transit FadUties for any purposes <br />,.', similar or dissimilar to the uses allowed by this Agreement; provided that such <br />similar or dissimilar uses shall be~ubject to the prior and superior rights granted by <br />this Agreement including spedficiilly, but \\ithout furJtafion, the rights granted by <br />paragraphs 3.1 and Article N hereof. <br /> <br />3.7. Use Regulations. <br /> <br />(a) Use of the Transit Facilities pursuant to this Agreement shall be <br />subject to such rules and regulafionsas Equitable may establish from time to <br />time for the control and regulation of traffic and motor vehicles on Roseda1e; <br />provided, however, that Equitable shall establish for, or impose on, the <br />Busses any rules and regulatiol'.5 which are more onerous or restrictive than <br />those imposed generally on other traffic and motor vehicles at Rosedale. <br /> <br /> <br />(b) The pro\'1s1ons of the immediately preceding paragraph <br />notwithstanding it is agreed that the use of the Transit Fadllties shan be <br />subject to the follow.ng specific rules: <br /> <br />(0 No Busses shall <br />in the Waiting Area; <br /> <br />or park in <br /> <br />area Rosedale except <br /> <br />),', .. <br />.- <br /> <br />.12- <br />