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F 1 MSRC AB 2766 Discretionary Fund Alternate nets Subvention Fund Match Program Contract No. AB 2766/50102 Should CONTRACTOR desire to terminate this Contract prior to the Operational Availability end date for reasons other than those stated in paragraph 5.B., above, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for fueling facilities. The prorated share for which CONTRACTOR shall be liable shall be 100% if the termination occurs within one (1) year from the date the station begins dispensing fuel in either its initial or expanded capability; 80% if termination occurs between years one (1) and two (2); 60% between years two (2) and three (3); 40% between years three (3) and four (4); 20% between years four (4) and five (5); and 0% after year five (5). The reimbursable amount shall be paid to AQMD within sixty (60) days of termination date. CONTRACTOR shall not be responsible for any reimbursement to AQMD if termination results from one or more reasons set forth in paragraph 5.13. Nothing in this paragraph entitles CONTRACTOR to payment in the event of breach. B. CONTRACTOR commits to ensuring time -fill, single dispenser, apparatus -type stations remain operational and accessible to public and/or fleets for a period of no less than three (3) years from the date the station begins dispensing fuel in either its initial or expanded capability. Should CONTRACTOR desire to terminate this Contract prior to the Operational Availability end date for reasons other than those stated in paragraph 5.B., above, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for fueling facilities. The prorated share for which CONTRACTOR shall be liable shall be 100% if the termination occurs within one (1) year from the date the station begins dispensing fuel in either its initial or expanded capability; 66% if termination occurs between years one (1) and two (2); 33% between years two (2) and three (3); and 0% after year three (3). The reimbursable amount shall be paid to AQMD within sixty (60) days of termination date. CONTRACTOR shall not be responsible for any reimbursement to AQMD if termination results from one or more reasons set forth in paragraph 5.8. Nothing in this paragraph entitles CONTRACTOR to payment in the event of breach. 7. INSURANCE - CONTRACTOR is permissibly self -insured and will maintain self-insurance in accordance with applicable provisions of California law as evidenced by certificate of self-insurance provided to AQMD. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 7. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify AQMD, its officers, employees, agents, representatives, and successors -in -interest against any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and successors -in -interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 8. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of ONE HUNDRED THIRTY-ONE THOUSAND SEVEN HUNDRED SIXTY-FIVE DOLLARS ($131,765) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or