Common use of Ceasing of operations Clause in Contracts

Ceasing of operations. 23.1 The Councils shall be advised two months in advance of any decision to cease operations by the Operator. 23.2 In any circumstance where operations are to cease, the Operator will be responsible for the retrieval of all of its E-Scooters and any associated property stored on land owned by the Councils, public or private landholders. 23.3 A plan detailing this approach must be submitted to the Councils two weeks prior to the operation ceasing. 23.4 Any E-Scooters which are not collected within 30 days of notice to cease operation will be retrieved by the relevant Council, an impound fee will apply and the Council has the right to recycle the E-Scooters. 23.5 The Operator shall provide a surety of $50,000 total to the Councils for the duration of the trial. This amount will be held by the Melbourne City Council and may be drawn upon in the event that costs are incurred by the Councils or any other public agency or authority related to: (a) parks, waterways and public land clean-up fees (b) overdue unpaid impound fees at the conclusion of the duration of the XXXX. 23.6 The Councils must provide appropriate evidence of costs incurred, including photographic imagery, to the Operator prior to drawing down on any of the surety for costs incurred retrieving e-scooters from parks, waterways or public land where the Operator has not fulfilled its duty in a timely manner. 23.7 The remaining balance of the surety will be refunded 3 months after the conclusion of the Trial to ensure that any clean-up costs are accurately accounted for. 23.8 The surety should only be accessed as a means of last resort and such costs should normally be addressed through the regular monitoring and maintenance activities of the Operator.