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<br /> <br /> <br /> <br /> <br />operation during as <br />the period from "l'hanksgiving to <br />event Equitable shall not pay more than <br />out-of-pocket costs of operating such shuttle. City or shall give <br />Equitable each month fA stateInent for costs incuned durlng the then <br />month for operation of the shuttles for which is to share <br />as above provided, such statement to be in to show <br />md breakdown, and supported by such invoices and receipts and sim.Uar <br />as Equitable shall reasonably request. Equitable shan pay its share of such <br />monthly opet;iltmg'~ts within thirty (30) days after Equitable receives such <br />statement in a form and with such detail and breakdo~ and supported by <br />such invoices, receipts and similar data, u I!quitable has then requested. II <br />Equitable.s share is not paid in full within said thirtjr (30) day period, then <br />unpaid portion of the statement shall bear interest at 12% per annum from <br />' the end of said thirty (30) day period unfll pai~ and any partial payment of a <br />statement shall be applied. first to accrued interest md then to principal. The <br />remedy of RTB or City tor refusal of Equitable to make any payment due <br />pursuant to the provisiQnS of this paragraph shall be limited to recovery of <br />the amount due, with mterest and costs of enforcement and collection <br />pursuant to paragraphs 5.3(d) and (e), all other remedies being hereby waived <br />and released. <br /> <br /> <br /><) <br /> <br />, , 4.11. Notice to Users of Relocated Park And RJde. City or RTB also <br />, shall give notice, without cost or charge to Equitable, to users of the Park and Ride <br />Area of the then relocated Park and Ride Area for the purpose of directing users <br />the then :relocated Park and Ride Area. Such notice shall be given upon the <br />occurrence of each such relocation and shall be given each day' for at least three <br />business days before each such relocation. Such notice, at a minimum, shall include <br />handouts to riders of the Busses se.rvi."lg the Park and Ride Area" and fliers on cars <br />using the Park and Ride Area. <br /> <br /> <br />ARTICLE V <br /> <br />UABILlTY AND REMEDIES <br /> <br />5.1. Hold Harmless by Eq.uitabI~. Equitable shall hold the Oty and the <br />RTB, and their respective officials,offlcers, agents, employees and representatives, <br />hannless from and indemnified against any loss, cost, damage or expense, including <br />reasonable attorneys' fees, arising out of any claims by persons not a party to this <br />Agreemenl# which cla1m.s are due to, or alleged to be due to, the design of the <br />Transit Hub Improvements (to the extent such design is attributable to Equitable), <br />the construction or maintenance to be done by Equitable pursuant to this <br />Agreement, or out of the failure, or alleged failure, of Equitable to have done such <br />maintenance as is to be done by Equitable pursuant to this Agreement, or out of t.'I.e <br /> <br />) - <br /> <br />-16- <br />