Common use of OF THE DAMAGES Clause in Contracts

OF THE DAMAGES. Without prejudice to what is stated in this Contract and/or any other amount that the User must cover in favor of the Company in terms of what is established in this instrument and/or in the Current Fee Table, in the event that the Bicycle has not been returned in the terms indicated in this document and/or in the event of any breach by the User of their obligations indicated in this instrument and/or in the event of falsehood in the declarations and/or guarantees made by part of the User, without prejudice to the amounts that the User must cover under the terms of this instrument, the Company may designate a third party in order to assess said facts and the additional amounts that the User must cover in terms of this instrument (for purposes of this Contract referred to as the "Third Party Designated by the Company"). For the purposes of the aforementioned, the Company may notify the User, either immediately or in a subsequent verification of said facts, of the opinion that the Third Party Designated by the Company has made for that purpose. The User will have a period of 10 (ten) calendar days from the sending of the aforementioned notification by the Company, to designate a third party specialist in the facts indicated in said notification (for the purposes of this instrument referred to as the “Third Party Designated by the User”), in order to argue what is convenient for them (hereinafter referred to as the “Extrajudicial Procedure”). In the event that the period indicated in the previous paragraph has elapsed, the Company does not receive the corresponding opinion issued by the Third Party Designated by the User, or this is not carried out in accordance with what is indicated in this Clause, it will be presumed that the User agrees with the opinion made by the Third Party Designated by the Company; in which case, the amounts indicated in the opinion made by the Third Party Designated by the Company, must be covered by the User, either through the collection made by the Company through the Charge to the Bank Account (according to said term defined below) and/or or through the execution of a Guarantee Deposit. In the event that there is a discrepancy between the opinion issued by the Third Party Designated by the Company and the opinion issued by the Third Party Designated by the User, the Company will be authorized to execute the collection of said amounts through the Charge to the Bank Account or through the execution of the Security Deposit. Notwithstanding the foregoing, the User will be empowered to initiate any action provided for in this instrument, as well as those administrative and/or jurisdictional ones that suit their right, in the understanding that once there is a firm resolution that endorses the opinion issued by the Third Party Designated by the User and acquits the User for the payment of said amounts, the Company will be obliged to reimburse them in terms of the Seventh Clause (Refund Procedure) of this Contract. For the purposes of the aforementioned: (a) the Banked User authorizes said motorcycles to be charged to the bank card linked to their Membership (for the purposes of this Agreement referred to as the "Charge to the Bank Account"); (b) The Unbanked User Person and the Banked User Person who has made payments through Debit Card Payment whose amounts cannot be charged to the bank card linked to their Membership in terms of subparagraph (a) above, authorize that said amounts are collected through the execution of the Security Deposit; (c) In relation to subparagraph (b) above, in the event that the Guarantee Deposit is not sufficient, as well as those Banked Users for whom the Charge to the Banked Account cannot be made, the User will be obliged to make the payment of the remaining amount within 3 (three) business days following its request by the Company (for the purposes of this Contract referred to as the "Payment Obligation in 3 Days"), which may lead to carried out through the Guarantees; the foregoing, unless another mechanism is established in terms of this instrument. The Company will make the Charge to the Bank Account or the execution of the Guarantee Deposit for the collection of the amounts established in the Current Fee Table and/or to cover the amounts referred to in this Clause. The aforementioned will be applicable, without prejudice to the possible responsibility that, in its case, could be attributed to the User. The responsibility referred to above may be attributable to the User, for the time that he had physical or legal possession of the Bicycle and the terms of this Contract have not been complied with, damage has been caused to the same, to its accessories, to the Anchorage Ports and/or to the Cycle Stations, or that said damages come from a deterioration greater than the natural wear and tear of the same due to their use, or for any cause directly and/or indirectly attributable to the User, as well as in the case of acts of vandalism that are committed during the physical or legal possession of the Bicycle that the User has on it, its accessories, the Anchorage Ports and/or the Cycle Stations. The appraisal of the loss, damage, as well as deterioration greater than the natural wear and tear of the use suffered by the Bicycles, their accessories, the Anchorage Port and/or the Cycle Stations in the terms indicated in this Contract, will be the commercial value of the Bicycle, of its accessories, of the Anchorage Ports and/or of the Cycle Stations, which will be ruled by the Third Party Designated by the Company in the terms indicated above. What is stated in this Clause will be applicable, without prejudice to the fact that once the Charge to the Bank Account or the Guarantee Deposit has been executed, the User may exercise each and every one of the administrative actions and jurisdictions that the applicable legislation grants in its favor, against the Company and/or any third party. Notwithstanding the Extrajudicial Procedure and that the User will have the means of defense established in the applicable legislation, including without limiting the procedure before administrative and judicial authorities, the Company reserves the right to exercise all the rights contained in this derivative document. of the breach of obligations by the User, as well as for the damages caused to the Bicycles, their accessories, the Anchoring Ports and/or the Cycle Stations during the time that these are in legal possession of the User under the terms established in this Clause, said reservation of rights will be for a period of 90 (ninety) calendar days after the date on which the User unsubscribes or terminates the term of their Membership. In this sense, regardless of the Membership contracted by the User, the User accepts and acknowledges the Company's power to charge for the concepts indicated in this instrument and in the terms established therein.

OF THE DAMAGES. Without prejudice to what is stated in Notwithstanding the provisions of this Contract and/or any other amount that the User must shall cover in favor of the Company in terms of what is established in this instrument document and/or in the Current Fee TableTable of Applicable Rates, in the event that case the Bicycle has not been returned return in the terms indicated established in this document and/or any other non-compliance by the User to its obligations established in this document and/or in the event case of any breach by the User of their obligations indicated in this instrument and/or in the event of falsehood misrepresentations in the declarations and/or the guarantees made given by part of the User, without prejudice to the amounts that the User must cover under the terms in purposes of this instrumentdocument, the Company may designate a third party in order to assess said validate those facts and the additional amounts that the User must might cover in terms of this instrument document (for the purposes of this Contract referred to as the "“The Third Party Designated designated by the Company"”). For the purposes of the aforementionedwhat is established above, the Company may might notify the User, either whether immediately or in a subsequent verification of said those facts, of the opinion that report made for this purpose by the Third Party Designated by the Company has made for that purposeCompany. The User will have a period of 10 (ten10(ten) calendar natural days from the sending of moment the aforementioned notification mentioned above is sent by the Company, to designate a third party specialist in the facts indicated mentioned in said that notification (for the purposes of this instrument document referred to as the “Third The third Party Designated by the User”), in order to argue what is convenient for them their case as they see fit (hereinafter from now on referred to as the “Extrajudicial Out-of-court Procedure”). In the event that case the period indicated in the previous paragraph has elapsedof time mentioned above ends, the Company does not receive the corresponding opinion issued applicable report by the Third Party Designated by the User, or this is not carried out made in accordance with what is indicated in to the provisions of this Clause, it will be presumed assumed that the User agrees with the opinion report made by the Third Party Designated by the Company; in which case, the amounts indicated in the opinion report made by the Third Party Designated by the Company, must shall be covered by the User, either through whether it is by the collection charge made by the Company through the Charge to the Bank Account (according term to said term be defined belowfurther on) and/or or through the execution of a Guarantee the Security Deposit. In the event that case there is a discrepancy between the opinion issued report made by the Third Party Designated by the Company and the opinion issued report made by the Third Party Designated by the User, the Company will shall be authorized entitled to execute the collection charge of said these amounts through the Charge to the Bank Account or through the execution of the Security Deposit. Notwithstanding the foregoing, the User will shall be empowered entitled to initiate any action provided for established in this instrumentdocument, as well as those administrative and/or jurisdictional ones that suit their rightjudiciary as they see fit, in on the understanding that once there is a firm resolution that endorses supports the opinion issued report made by the Third Party Designated by the User and acquits absolves the User for the payment of said those amounts, the Company will be obliged to reimburse them those in terms of the Seventh Clause (Refund ProcedureOf the Process of Reimbursement) of this Contract. For the purposes of the aforementioned: (a) the Banked User authorizes said motorcycles to be charged to the bank card linked to their Membership (for the purposes of this Agreement referred to as the "Charge to the Bank Account"); (b) The Unbanked User Person and the Banked User Person who has made payments through Debit Card Payment whose amounts cannot be charged to the bank card linked to their Membership in terms of subparagraph (a) above, authorize that said amounts are collected through the execution of the Security Deposit; (c) In relation to subparagraph (b) above, in the event that the Guarantee Deposit is not sufficient, as well as those Banked Users for whom the Charge to the Banked Account cannot be made, the User will be obliged to make the payment of the remaining amount within 3 (three) business days following its request by the Company (for the purposes of this Contract referred to as the "Payment Obligation in 3 Days"), which may lead to carried out through the Guarantees; the foregoing, unless another mechanism is established in terms of this instrument. The Company will make the Charge to the Bank Account or the execution of the Guarantee Deposit for the collection of the amounts established in the Current Fee Table and/or to cover the amounts referred to in this Clause. The aforementioned will be applicable, without prejudice to the possible responsibility that, in its case, could be attributed to the User. The responsibility referred to above may be attributable to the User, for the time that he had physical or legal possession of the Bicycle and the terms of this Contract have not been complied with, damage has been caused to the same, to its accessories, to the Anchorage Ports and/or to the Cycle Stations, or that said damages come from a deterioration greater than the natural wear and tear of the same due to their use, or for any cause directly and/or indirectly attributable to the User, as well as in the case of acts of vandalism that are committed during the physical or legal possession of the Bicycle that the User has on it, its accessories, the Anchorage Ports and/or the Cycle Stations. The appraisal of the loss, damage, as well as deterioration greater than the natural wear and tear of the use suffered by the Bicycles, their accessories, the Anchorage Port and/or the Cycle Stations in the terms indicated in this Contract, will be the commercial value of the Bicycle, of its accessories, of the Anchorage Ports and/or of the Cycle Stations, which will be ruled by the Third Party Designated by the Company in the terms indicated above. What is stated in this Clause will be applicable, without prejudice to the fact that once the Charge to the Bank Account or the Guarantee Deposit has been executed, the User may exercise each and every one of the administrative actions and jurisdictions that the applicable legislation grants in its favor, against the Company and/or any third party. Notwithstanding the Extrajudicial Procedure and that the User will have the means of defense established in the applicable legislation, including without limiting the procedure before administrative and judicial authorities, the Company reserves the right to exercise all the rights contained in this derivative document. of the breach of obligations by the User, as well as for the damages caused to the Bicycles, their accessories, the Anchoring Ports and/or the Cycle Stations during the time that these are in legal possession of the User under the terms established in this Clause, said reservation of rights will be for a period of 90 (ninety) calendar days after the date on which the User unsubscribes or terminates the term of their Membership. In this sense, regardless of the Membership contracted by the User, the User accepts and acknowledges the Company's power to charge for the concepts indicated in this instrument and in the terms established therein.

OF THE DAMAGES. Without prejudice to what is stated in Notwithstanding the provisions of this Contract and/or any other amount that the User must shall cover in favor of the Company in terms of what is established in this instrument document and/or in the Current Fee TableTable of Applicable Rates, in the event that case the Bicycle has not been returned return in the terms indicated established in this document and/or any other non-compliance by the User to its obligations established in this document and/or in the event case of any breach by the User of their obligations indicated in this instrument and/or misrepresentations in the event of falsehood in declarationsand/or the declarations and/or guarantees made given by part of the User, without prejudice to the amounts that the User must cover under the terms coverin purposes of this instrumentdocument, the Company may designate a third party in order to assess said validate those facts and the additional amounts that the User must might cover in terms of this instrument document (for the purposes of this Contract referred to as the "“The Third Party Designated designated by the Company"”). For the purposes of the aforementionedwhat is established above, the Company may might notify the User, either whether immediately or in a subsequent verification of said those facts, of the opinion that report made for this purpose by the Third Party Designated by the Company has made for that purposeCompany. The User will have a period of 10 (ten10(ten) calendar natural days from the sending of moment the aforementioned notification mentioned above is sent by the Company, to designate a third party specialist in the facts indicated mentioned in said that notification (for the purposes of this instrument document referred to as the “Third The third Party Designated by the User”), in order to argue what is convenient for them their case as they see fit (hereinafter from now on referred to as the “Extrajudicial Out-of-court Procedure”). In the event that case the period indicated in the previous paragraph has elapsedof time mentioned above ends, the Company does not receive the corresponding opinion issued applicable report by the Third Party Designated by the User, or this is not carried out made in accordance with what is indicated in to the provisions of this Clause, it will be presumed assumed that the User agrees with the opinion report made by the Third Party Designated by the Company; in which case, the amounts indicated in the opinion report made by the Third Party Designated by the Company, must shall be covered by the User, either through whether it is by the collection charge made by the Company through the Charge to the Bank Account (according term to said term be defined belowfurther on) and/or or through the execution of a Guarantee the Security Deposit. In the event that case there is a discrepancy between the opinion issued report made by the Third Party Designated by the Company and the opinion issued report made by the Third Party Designated by the User, the Company will shall be authorized entitled to execute the collection charge of said these amounts through the Charge to the Bank Account or through the execution of the Security Deposit. Notwithstanding the foregoing, the User will shall be empowered entitled to initiate any action provided for established in this instrumentdocument, as well as those administrative and/or jurisdictional ones that suit their rightjudiciary as they see fit, in on the understanding that once there is a firm resolution that endorses supports the opinion issued report made by the Third Party Designated by the User and acquits absolves the User for the payment of said those amounts, the Company will be obliged to reimburse them those in terms of the Seventh Clause (Refund ProcedureOf the Process of Reimbursement) of this Contract. For the purposes of the aforementioned: (a) the Banked User authorizes said motorcycles to be charged to the bank card linked to their Membership (for the purposes of this Agreement referred to as the "Charge to the Bank Account"); (b) The Unbanked User Person and the Banked User Person who has made payments through Debit Card Payment whose amounts cannot be charged to the bank card linked to their Membership in terms of subparagraph (a) above, authorize that said amounts are collected through the execution of the Security Deposit; (c) In relation to subparagraph (b) above, in the event that the Guarantee Deposit is not sufficient, as well as those Banked Users for whom the Charge to the Banked Account cannot be made, the User will be obliged to make the payment of the remaining amount within 3 (three) business days following its request by the Company (for the purposes of this Contract referred to as the "Payment Obligation in 3 Days"), which may lead to carried out through the Guarantees; the foregoing, unless another mechanism is established in terms of this instrument. The Company will make the Charge to the Bank Account or the execution of the Guarantee Deposit for the collection of the amounts established in the Current Fee Table and/or to cover the amounts referred to in this Clause. The aforementioned will be applicable, without prejudice to the possible responsibility that, in its case, could be attributed to the User. The responsibility referred to above may be attributable to the User, for the time that he had physical or legal possession of the Bicycle and the terms of this Contract have not been complied with, damage has been caused to the same, to its accessories, to the Anchorage Ports and/or to the Cycle Stations, or that said damages come from a deterioration greater than the natural wear and tear of the same due to their use, or for any cause directly and/or indirectly attributable to the User, as well as in the case of acts of vandalism that are committed during the physical or legal possession of the Bicycle that the User has on it, its accessories, the Anchorage Ports and/or the Cycle Stations. The appraisal of the loss, damage, as well as deterioration greater than the natural wear and tear of the use suffered by the Bicycles, their accessories, the Anchorage Port and/or the Cycle Stations in the terms indicated in this Contract, will be the commercial value of the Bicycle, of its accessories, of the Anchorage Ports and/or of the Cycle Stations, which will be ruled by the Third Party Designated by the Company in the terms indicated above. What is stated in this Clause will be applicable, without prejudice to the fact that once the Charge to the Bank Account or the Guarantee Deposit has been executed, the User may exercise each and every one of the administrative actions and jurisdictions that the applicable legislation grants in its favor, against the Company and/or any third party. Notwithstanding the Extrajudicial Procedure and that the User will have the means of defense established in the applicable legislation, including without limiting the procedure before administrative and judicial authorities, the Company reserves the right to exercise all the rights contained in this derivative document. of the breach of obligations by the User, as well as for the damages caused to the Bicycles, their accessories, the Anchoring Ports and/or the Cycle Stations during the time that these are in legal possession of the User under the terms established in this Clause, said reservation of rights will be for a period of 90 (ninety) calendar days after the date on which the User unsubscribes or terminates the term of their Membership. In this sense, regardless of the Membership contracted by the User, the User accepts and acknowledges the Company's power to charge for the concepts indicated in this instrument and in the terms established therein.

OF THE DAMAGES. Without prejudice to what is stated in Notwithstanding the provisions of this Contract and/or any other amount that the User must shall cover in favor of the Company in terms of what is established in this instrument document and/or in the Current Fee TableTable of Applicable Rates, in the event that case the Bicycle has not been returned return in the terms indicated established in this document and/or any other non-compliance by the User to its obligations established in this document and/or in the event case of any breach by the User of their obligations indicated in this instrument and/or misrepresentations in the event of falsehood in declarationsand/or the declarations and/or guarantees made given by part of the User, without prejudice to the amounts that the User must cover under the terms coverin purposes of this instrumentdocument, the Company may designate a third party in order to assess said validate those facts and the andthe additional amounts that the User must might cover in terms of this instrument document (for the purposes of this Contract referred to as the "“The Third Party Designated designated by the Company"”). For the purposes of the aforementionedwhat is established above, the Company may might notify the User, either whether immediately or in a subsequent verification of said those facts, of the opinion that report made for this purpose by the Third Party Designated by the Company has made for that purposeCompany. The User will have a period of 10 (ten10(ten) calendar days from natural daysfrom the sending of moment the aforementioned notification mentioned above is sent by the Company, to designate a third party thirdparty specialist in the facts indicated mentioned in said that notification (for the purposes of this instrument document referred to as the “Third The third Party Designated by the User”), in order to argue what is convenient for them their case as they see fit (hereinafter from now on referred to as the “Extrajudicial Out-of-court Procedure”). In the event that case the period indicated in the previous paragraph has elapsedof time mentioned above ends, the Company does not receive the corresponding opinion issued applicable report by the Third Party Designated by the User, or this is not carried out made in accordance with what is indicated in to the provisions of this Clause, it will be presumed assumed that the User agrees with the opinion report made by the Third theThird Party Designated by the Company; in which case, the amounts indicated in the opinion report made by the Third Party Designated by the Company, must shall be covered by the User, either through whether it is by the collection charge made by the Company through the Charge to the Bank Account (according term to said term be defined belowfurther on) and/or or through the execution of a Guarantee the Security Deposit. In the event that case there is a discrepancy between the opinion issued report made by the Third Party Designated by the Company and the opinion issued report made by the Third Party Designated by the User, the Company will shall be authorized entitled to execute the collection charge of said these amounts through the Charge to the Bank Account or through the execution of the Security Deposit. Notwithstanding the foregoing, the User will shall be empowered entitled to initiate any action provided for established in this instrumentdocument, as well as those administrative and/or jurisdictional ones that suit their rightand/orjudiciary as they see fit, in on the understanding that once there is a firm resolution that endorses supports the opinion issued report made by the Third Party Designated by the User and acquits absolves the User for the payment of said paymentof those amounts, the Company will be obliged to reimburse them those in terms of the Seventh Clause (Refund ProcedureOf the Process of Reimbursement) of this Contract. For the purposes of the aforementioned: (a) the Banked User authorizes said motorcycles to be charged to the bank card linked to their Membership (for the purposes of this Agreement referred to as the "Charge to the Bank Account"); (b) The Unbanked User Person and the Banked User Person who has made payments through Debit Card Payment whose amounts cannot be charged to the bank card linked to their Membership in terms of subparagraph (a) above, authorize that said amounts are collected through the execution of the Security Deposit; (c) In relation to subparagraph (b) above, in the event that the Guarantee Deposit is not sufficient, as well as those Banked Users for whom the Charge to the Banked Account cannot be made, the User will be obliged to make the payment of the remaining amount within 3 (three) business days following its request by the Company (for the purposes of this Contract referred to as the "Payment Obligation in 3 Days"), which may lead to carried out through the Guarantees; the foregoing, unless another mechanism is established in terms of this instrument. The Company will make the Charge to the Bank Account or the execution of the Guarantee Deposit for the collection of the amounts established in the Current Fee Table and/or to cover the amounts referred to in this Clause. The aforementioned will be applicable, without prejudice to the possible responsibility that, in its case, could be attributed to the User. The responsibility referred to above may be attributable to the User, for the time that he had physical or legal possession of the Bicycle and the terms of this Contract have not been complied with, damage has been caused to the same, to its accessories, to the Anchorage Ports and/or to the Cycle Stations, or that said damages come from a deterioration greater than the natural wear and tear of the same due to their use, or for any cause directly and/or indirectly attributable to the User, as well as in the case of acts of vandalism that are committed during the physical or legal possession of the Bicycle that the User has on it, its accessories, the Anchorage Ports and/or the Cycle Stations. The appraisal of the loss, damage, as well as deterioration greater than the natural wear and tear of the use suffered by the Bicycles, their accessories, the Anchorage Port and/or the Cycle Stations in the terms indicated in this Contract, will be the commercial value of the Bicycle, of its accessories, of the Anchorage Ports and/or of the Cycle Stations, which will be ruled by the Third Party Designated by the Company in the terms indicated above. What is stated in this Clause will be applicable, without prejudice to the fact that once the Charge to the Bank Account or the Guarantee Deposit has been executed, the User may exercise each and every one of the administrative actions and jurisdictions that the applicable legislation grants in its favor, against the Company and/or any third party. Notwithstanding the Extrajudicial Procedure and that the User will have the means of defense established in the applicable legislation, including without limiting the procedure before administrative and judicial authorities, the Company reserves the right to exercise all the rights contained in this derivative document. of the breach of obligations by the User, as well as for the damages caused to the Bicycles, their accessories, the Anchoring Ports and/or the Cycle Stations during the time that these are in legal possession of the User under the terms established in this Clause, said reservation of rights will be for a period of 90 (ninety) calendar days after the date on which the User unsubscribes or terminates the term of their Membership. In this sense, regardless of the Membership contracted by the User, the User accepts and acknowledges the Company's power to charge for the concepts indicated in this instrument and in the terms established therein.