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<br /> <br /> <br />:> <br /> <br />"'--. <br /> <br />) ~ <br /> <br /> <br /> <br /> <br /> <br /> <br />-- <br /> <br /> <br />Location and Us:e. Passengers services provided. by <br />a!lowed users of the Transit Fadlities as stated in Section 3.1 hereof may park in <br />lU'ea shown on IS the park and ride area (the "Park and Ride Area"). <br /> <br />.4.2. Time of U~ Such passengers may plU'k in fhe.Park and Ride <br />from 5:00 am.. to 10:00 p.m.. ol each day, except, however, Satui'days, SUndays, <br />holidays as defined by Mlnnesota Statutes, the Friday after 'I'hanbgiving, and at <br />such time u the Park and Ride Area is relocated pursuant to paragraph 4A hereof. <br />Any such passengers parked in the Park and Ride Area at times other than as above <br />stated shall be subject to removal or such. other action as is used, from time to lime, <br />by Equitable to enforce its parking and use regulations at Rosedale. <br /> <br />4.3. Tenn.. The term of use of the Park and Ride AriYl shall 'be the same <br />asset out in Section 3.2, and shall terminate as provided in Section 4.5 ~f, or <br />when this Agreement is terminated pursuant to any other provision of this <br />Agreement, or by agreement of the parties hereto. <br /> <br />4.4. Temporary' Relocation. Equitable may temporarily change the <br />location of the Park and Ride Area, at any time, and from time to time, and in <br />whole or in part, by written notice given to the RTB, which notice shall state the <br />beginning and ending dates of 5Uch termination, which beginning date shall not <br />earlier than fifteen (15) days after the date of such notice, and which may be off of <br />the Rosedale property. II relocation is on the Rosedale property, such relocation <br />shall be done only to such L""eas, and for such time periods, as Equitable shaD <br />designateJn writing.J! relocation is off the Rosedale property, the reIocation area <br />shall be'designated in writing by the RTB. Such relocation may be made and done <br />only (i) for purposes ol maintenance, repair or reconstruction pursuant to Section <br />2.5 hereof, or (ii) if Equitable determines, in its sole ~ that the Park and <br />Ride Area parking spaces are needed for customers of Rosedale tenants during all or <br />any part of any holiday as defined by Minnesota Statutes, or from Thanksgiving to <br />and including December 31 of any year. If relocated on the RosedaIe property, the <br />provisions of Section 2.5 hereof shall continue to apply as to the relocated Park and <br />Ride Area. If relocated off of the Rosedale property, then City, and not Equitable, <br />shall perform the maintenance, repair and reconstruction duties set out in Section <br />2.5 hereof as to the relocated Park and Ride Area. ReEerence herein to Park and Ride <br />Area. shall mean the area to which it is relocated so long as such relocation <br />continues. <br /> <br />4.5. Permanent Termination. Equitable may permanently termina.te <br />the use of the Par~ and Ride Area pursuant to this Agreement, a.t any tUn.e, and in <br /> <br />-14- <br />