TNC Agreement – Lyft - ACI-NA

TRANSPORTATION NETWORK COMPANY (TNC) OPERATING AGREEMENT
COLUMBUS REGIONAL AIRPORT AUTHORITY AND LYFT, INC.
THIS OPERATING AGREEMENT (the "Agreemenf) is hereby mado and onlered into on
March ^j_, 2016, by anci between LYFTt INC.. a foreign corporation incorporated in the state oi
Delaware and permitted as a transportation network company by the Public Utiftties Commission of
Ohio (PUCO) pursuant to Ohio Revised Codo ChaptQf 4925 (the 'TNC Operator"), and the Columbus
Regional Airport Authority, an Ohfo port authority and political subdivision pursuant to Ohio Revised
Code Chapter 4582 (the "Airport Authority"). TNC Operator and Authority are sometimes hereinafter
referred to individually as a "Party" or coltecHvely as the "Parties",
WHEREAS, the Authority is the owner and operator of the public-use ajrpods known as Port
Columbus Intorrmtfona) Airport (CMH), Rickenbacker International Airport (LCK) and Bolton Field
Atrport (collectively the "Airports") located in Columbus, Ohio;
WHEREAS, TNC Operator desires to operate a traosportalion network company th^t desires
to operato at the Airports wherein tho nehvork provided by TNC Operator will bo used by independent
contractor TNC Drivers to connect passenQors with pra-arranged transportation seivic^s offored by
TNC Drivers (hereinafter defined);
WHEREAS, Airport Authority has agreed 10 allow the TNC Operator to conduct Its business
at the Airports, 8ub|ect, howovor. to the terms end conditions ot this Agreemeni; and
WHEREAS, lh© tollowlng definitions shall apply to this Agreement at all times:
(a) "App" shall mean the mobile smartphono application, platform or Digital Network
developed by TNC Operator that connects passengers with TNC Drivers/Vehtdes.
(b) UTNC Designated Loading Areas" shall mean the loading areas located at the T^rmtnal
Buildings al the Port Columbus International ancl Rlckenbacker Inlernalionat Airports which
are shown on "Attachments 1 and 2. respectively" and made a part heroof, in front of the the
Terminal Building or T'Hangars at Bolton Field Airport. In front of any hotel located on Airport
Authority properly and, jn front ot any business located on Airport AuthDrity properly.
(c) 'TNC Driver11 means any individual meeting the definition of Ohio Revved Codo Soction
3942.01 (G) who has b&en approved by TNC Operator to use a privately-owned vehlcte to
transport passonflors whose rides are arranged through the TNC Operator's onllne-enabied
appltcatton (App). For purposes of this Agreementf the term "TNC Driver" applies at all limes
that TNC Driver is on Airport property by reason of the TNC Driver's r^ationshfp with the TNC
Operator, regardless of whether the Vehicle is carrying a passongor.
(d) 'TNC Vehicle" shall mean the personal, privately-owned vehicle used by a TNC Driver
thai is insured by the vehicles owner and covered by ths TNC- Operator's commercial liability
insurance policy.
(e) "PermiUQd USQ" shall mean tho use by TNC OpBrstor and TNC Drivers of the TNC
Designated Loading and Staging Areas at ^ve Airports for the purpose of providing pre'
arranged transportation services to pess^ngera and thetr personal baggage to and/or from
the Airport in TNC Vehicles operated by TNC Drivers,
CMII-TNCArtrwiiftU * tim) - LyJt - 3 23.16 1
(t) "Rules and Regulations" The Airport Rules and Regulations for the Columbus Regional
Airport Authority regulate, among other things, use of Airport roadways. The Airport Rules
and Regulations, as may be amended or supplemented whi)e this Agreement is in effect, are
incorporated herein by reference as if set forth in full.
NOW, THEREFORE, in consideration of the premises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
1. OPERATIONS
1.1, TNC Designated Loading Areas. Authority grants to TNC Operator the right to allow TNC
Drivers affiiiated with TNC Operator to use, in common with others so authorized, the TNC
Designated Loading Areas to provide the Permitted Use (as defined above), subject to the terms and
conditions hereinafter set forth. TNC Operator shall aiso inform TNC Drivers of the terms of this
Agreement. Upon request, TNC Drivers shall allow Airport Authority personnel access to electronic
waybiil information (described in Section 3.4), TNC Operator shall perform, or have a third party
perform, criminal background checks on each TNC Driver before said TNC Driver begins offering
services at the Airport. Nothing in this Agreement shaii be construed as granting or creating any
license or franchise rights pursuant to any federal, state or loca! laws, rules or regulations. TNC
Operator's rights to use the Designated Areas shall be on a non-exclusive basis at all times. TNC
Drivers shall maintain primary automobile insurance as set forth in Ohio Revised Code Section 3942
for their Vehicles at al! times. Airport Authority may impose reasonable dwell time limits En the TNC
Designated Loading Areas at its discretion.
1.2. Rights of Inaress and Egress. TNC Drivers affiliated with TNC Operator shali have the non"
exclusive rights of ingress and egress across Airport property to conduct their permitted operations
hereunder, provided that such ingress and egress activity: (a) shal! not impede or interfere, in any
way, with the operation of the Airport by Authority or the use of the Airport by its tenants, passengers
or employees; (b) shall be on roadways, and other areas designated by Authority from time to time;
and (c) may be temporarily suspended by Authority in the event of an emergency or a threat to the
Airport during the time period of such emergency or threat.
1.3. Chanoes to Airport TNC Operator acknowledges and agrees that: (a) Airport Authority shall
have the right, at ali times, to change, alter and expand the Airport, including the terminals, roadways
and designated pick-up, drop-off and staging areas; and (b) Airport Authority has made no
representations, warranties and/or covenants to TNC Operator regarding the design, construction,
passenger or automobile traffic, or views of the Airport. Without limiting the generality of the
foregoing, TNC Operator acknowledges and agrees that: (y) the Airport may from time to time
undergo renovation, construction and other Airport modifications; and (2) the Airport Authority may
from time to time adopt rules and regulations relating to security or other operational matters that
may affect TNC Operator's business.
1.4. "As-ls" Condition, TNC Operator accepts the TNC Designated Loading Areas and the Airport
in their present condition and "as"is," without representation or warranty of any Kind, and subject to
all applicable laws, ordinances, rules and regulations.
1.5. Staaina Areas. Any and af! TNC Drivers waiting for passengers shalf not use or loiter in the
TNC Designated Loading Areas, but instead shall wait in the approved staging area known as the
"West Green Lot" at Port Coiumbus International Airport as shown on Attachment 1 (the "Staging
Area"), and shall keep trade dress exhibited as described elsewhere in this Agreement. Airport
Authority may designate Staging Areas at Rickenbacker tnternationaf Airport and/or Bolton Field
CMH-TNC Agreement- I-'inalw Lyft' 3 23-16 2
Airport at a later date. In the event a TNC Driver accepts a ride on behalf of another TNC Operator
while in the designated staging area, TNC Driver shall promptly apply tlie appropriate trade dress
before exiting the designated staging area. TNC Vehicles may only enter the Airport terminal
roadways Ef carrying an Airport-bound passenger or if a ride request has been accepted from a
customer at the Airport. Use of the Staging Area shall be limited to sixty (60) minutes or the posted
time limits, whichever period is shorter. No TNC Vehicles shall stage, wait or park in any other areas
of the Airport other than the designated Staging Area nor shail TNC Vehides loop around terminal
roadways more than (2) times while waiting for a pick-up.
1.6. Requirements. During the term of this Agreement, TNC Operator shall have a non-exclusive,
revocabie license solely to: (a) operate a transportation network company (subject to this Agreement
and all applicable laws, rules, ordinances and regulations) at the Airports utiiizing smart phone mobile
application technology to connect passengers with pre-arranged transportation services for hire; (b)
permit TNC Drivers to access the TNC Operator's App in order to transport such passengers and
their persona! baggage to and/or from the Airports in Vehicles inspected or approved by TNC
Operator or a certified mechanic; and (c) permit TNC Drivers in providing rides matched through the
TNC Operator's App to use common-use Airport roadways for ingress and egress to and from the
Airport's passenger terminal or other destinations on airport property. Nothing herein shall be
deemed to grant TNC Operator any exclusive right or privilege.
1.7. Geo-Fence. TNC Operator shai! demonstrate to Airport Authority that TNC Operator has
established a Geo-Fence to manage its airport business and shall notify affiliated TNC Drivers about
the geo-fence. The Geo-Fence shall be comprised of one or more polygons whose points are
geographic coordinates defined by the Airport and on Airport owned property. The Geo-Fence will
nreclyde or "black-out" a TNC Driver's ability to accept ride requests while on airport property and
within the Geo-Fence boundaries. TNC vehicle tracking shall be established as follows: Ail TNC
vehides shai! be identified electronically for each TNC trip by a unique number and the TNC license
plate number. The unique number shall be linked by the TNC Operator to the driver in a manner that
allows the Airport Authority to audit TNC Operator's compiiance with the terms and the operating
requirements estabiished by the Agreement and Ohio Revised Code. Consistent with the auditing
provisions in this Agreement, the Airport Authority may periodicaily, but no more frequently than twice
per calendar year, audit TNC Operator's records with respect to its operations at the Airports.
2. TERM: COMIVIENCEIVIENT DATE; TERMINATIQM
2.1. Term. This Agreement shall be effective on the Commencement Date and shal! be In effect for
a period of one (1) year or through the last day of the TNC Operator's valid PUCO permit, whichever
date is earlier. The term may be renewed for additional terms of one (1) year each, PROVIDED,
HOWEVER, such renewals are contingent upon TNC Operator providing Authority evidence of a
valid PUCO Permit and insurance with the Authority listed as an additional insured. Either Party
may terminate this Agreement by sending written notice of termination to the other Party at least
thirty (30) days prior to the end of the then current term.
2,2. Commencement Date. This Agreement shall hereafter be effective, and the "Commencement
Date" shall be deemed to occur, on the date on which ai! of the following conditions precedent are
satisfied, in Airport Authority's sole Judgment
(a) Airport Authority shaf! have received a copy of TNC Operator's valid Pubtic Utiiities
Commission of Ohio permit.
(b) Airport Authority shali have received certificates evidencing that TNC Operator has
obtained all insurance required by this Agreement and Ohio Revised Code;
CME-E-TNC Agreement - Final • LyfE - 3 23-16 3
(c) TNC Operator shall impiement a virtual perimeter that encompasses the reai-worid
geographic area comprised by each of the three (3) Airports ("Geo-Fence"). TNC Operator
wiii use the Geo-fence and other tools, as appropriate, to manage its airport business and
comply with the terms of this Agreement.
(d) The App shall enable each TNC Driver to maintain information on his or her smartphone
while using the App that wili be used in lieu of a tangible Airport decal or transponder. This
information will allow the Airport to confirm the following information for any TNC Driver or
TNC Vehicle using the App while on Airport grounds:
(1) TNC Driver identity and color photo;
(2) Vehicle make and model;
(3) License plate number;
(4) Certificates of insurance; and
(5) The electronic equivalent of a waybiil that meets the criteria set forth En
Section 3,4.
2.3. Termination. This Agreement will continue in force until terminated as provided herein:
(a) Airport Authority shail have the right to terminate this Agreement upon the occurrence of
an Event of Default (hereinafter defined) if TNC Operator has not cured such Event of Default
within thirty (30) days' after written notice thereof from Airport Authority; or
(b) Either Party may terminate this Agreement, at any time, for any reason, by giving not less
than thirty (30) days' prior written notice thereof to the other Party.
3. USE
3.1. Permitted Use. TNC Operator and TNC Drivers may use the TNC Designated Loading and
Staging Areas only for the Permitted Use (as defined above) and for no other purpose, and shall not
conduct any activity or operations at the Airports not expressly authorized by this Agreement.
3.2. No Exclusivity. TNC Operator acknowledges and agrees that it has no exclusive rights to
conduct the business described herein, and that Airport Authority has the right, at ali times, to arrange
with others for similar activities at the Airports.
3.3. Transportation Requirements. In conducting its operations consisting soiefy of the Permitted
Use, without limiting the generality of other provisions of this Agreement, TNC Operator shall strictly
comply with the following transportation requirements as amended from time to time by the Airport
Authority;
(a) TNC DriverA/ehJcle Certification. Upon Execution of this Agreement, and annually
thereafter as set forth above, TNC Operator shalt provide the Airport Authority with a copy of
their then current PUCO Operating Permit together with a certificate of insurance.
(b) Trade Dress. Any TNC Vehicle on Airport property shall at alt times display:
Trade Dress: (1) Failure of a TNC Vehicle to have this TNC indicator is prohibited.
CMH-TNC Agreement- Final - Lyft - 3 23-16 4
1.Trade Press. TNC Operator shall provide the Airport with a photograph of TNC
Operator's Trade Dress, along with a description of the Designated Trade Dress
Location, which location must be approved by the Airport Authority before TNC
Operator commences operations at the Airport. While operating on Airport roadways,
whether or not carrying a passenger, every TNC Vehicle operating under TNC
Operator's permit shall display TNC Operator's Trade Dress in the Designated Trade
Dress Location.
(c) TNC Driver Identification. TNC Operator shall not be required to provide TNC driver
identification information to the Airport Authority. However, upon request, TNC Operator shai)
provide the Airport Authority with a unique identifier for each TNC Driver who conducts
business on Airport Authority property. The unique identifier data required is further described
in the Data Interface Agreement, set forth In Attachment 4 to this Agreement Further, in the
event the Airport Authority determines that it requires driver identification information for
permit enforcement and/or enforcement of the Airport Authority's Rules and Regulations, TNC
Operator sha!l provide such information to Airport as requested. This information shall be
provided to the Airport Authority telephonically and TNC Operator shall promptly respond to
all such teiephonic inquiries from the Airport and/or enforcement personnel from the Airport
Authority's Police or Parking & Ground Transportation Departments. TNC Operator expressly
understands the Airport Authority may require such information in any future TNC permit and
that the terms of this Agreement in no way establish a precedent or any limitation whatsoever
on the discretion of the Airport Authority to add to or subtract from or otherwise alter operating
permit requirements. Further, TNC Operator understands that the Airport is developing a
Ground Transportation Management System (GTMS) that wf!! require TNC driver
identification in the administration and/or enforcement of this Agreement. TNC Operator shall
cooperate with assigned Airport staff during the course of impiementation of the GTMS, which
may include tracking TNC driver identification.
(d) Tracking TNC Vehicles on Airport Roadways.
1. Unique identifiers and License Plate Numbers. Prior to engaging in operations at
the Airports and at TNC Operator's sole expense, TNC Operator shali work with
assigned Airport Authority personnel to develop a vehicle tracking protocoi based on
a Geo-Fence established by the Airport and consistent with the User Interface
Agreement set forth in Attachment 4 to this Agreement.
2. Tracking Triggers, TNC vehicle trips shall be tracked at various stages based on
transaction type described below. For each transaction type, TNC Operator shall
provide the transaction type, date, time, geographical location, TNC identification,
driver-based unique identifier and vehicie license plate number. TNC Driver must
maintain an open application at ail times while on Airport Authority property.
• Upon Ride Completion (on Airport Authority property): When the TNC Driver
completes a drop-oti trip by indicating on his or her smarl phone app that the
ride Is complete,
B Upon Passenger Pick-Up (on Airport Authority property): When the TNC
Driver picks-ups a passenger on Airport Authority property by indicating on his
or her smart phone app that a passenger has been picked up.
» TNC Operator understands that Airport Authority has not yet selected a
technology solution for its Ground Transportation Management System
CMH-TNC Agreement - Pinal - Lyft - 3 23-16 5
(GTMS) intended for the purpose of monitoring TNC Operator and/or other
ground transportation activity at its Airports and, upon Airport Authority's
selection of the preferred technology solution, TNC Operator hereby
agrees to provide the necessary access and data generally described in
Attachment 3 of this agreement, to the Airport Authority or its selected
vendor. Parties agree that Attachment 4 will be amended to conform to the
technology solution selected and then executed as necessary.
(e) Each TNC Driver sha!l maintain, within such TNC Driver's vehicle at all times while upon
Airport grounds, a digital decal as described in Section 2.2(d);
(t) Each TNC Driver shall be allowed to pick-up passengers at the Airports at the TNC
Designated Loading Areas specified above, and wii! be allowed to drop-off passengers at the
Designated Areas in front of the Terminals or in front of the on-airport hotels or other on"
airport businesses;
(g) Each TNC Driver must be able to produce, upon the request of any police officer or other
Airport Authority representative, the electronic equivalent of a waybili meeting the
requirements of Section 3.4;
(h) Once a TNC Driver has made contact with the passenger(s) with whom such TNC Driver
was matched, the TNC Driver shall promptly load such passenger(s); and
(i) Each TNC Driver shall limit such TNC Driver's curbside time to the time required for the
prompt loading and unloading of passengers, and after loading passengers, such TNC Driver
shall thereafter promptiy depart from the Airport.
(1) Each TNC Driver is prohibited from leaving their vehicle and entering the termlna! to find
passengers, retrieve baggage, etc.
3.4. Waybills. in lieu of a physical waybill and as an explicit requirement of the Airport Authority
under this Agreement, every passenger pick-up shal! be documented electronically for the ride to
which it relates. TNC Drivers shall, upon request, present the eiectronic equivalent of a requested
waybill to any Airport Authority official for inspection. TNC Drivers must be prepared to present an
electronic waybili to any law enforcement officer or representative of the Airport upon request, which
waybiii shall inciude the license plate number and information more specificaliy described in
Attachment 4, attached hereto (with the exception of the unique idontifier number). The electronic
waybiil must comply with the Revised Code and shall include a photograph of the TNC Driver, a
picture of the TNC Vehicle, including the vehicle license piate number, and information regarding the
pick-up location of the current passenger, if applicable.
3,5. No Advertising or Promotions. No Vehicle shall post or display, on the exterior thereof, any
signage or other displays except for TNC Operator's Trade Dress.
3.6. General Prohibited Activities. Without limiting any other provision herein, TNC Operator shall
not, without the Airport Authorit/s prior written consent: (a) cause or permit anything to be done, in
or about the Designated Areas or the Airport, or bring or keep anything thereon, which would be
reasonably likely to (i) increase, in any way, the rate of fire insurance on the Airport, (ii) create a
nuisance, or (iii) obstruct or interfere with the rights of others on the Airport or injure or annoy them;
(b) commit, or suffer to be committed, any waste upon the Designated Areas or the Airport; (c) use,
or allow the Designated Areas to be used, for any improper, immoral, unlawful or reasonably
CMH-TNC Agreement - Final - Lyft - 3 23-16 6
objectionable purpose; (d) place any loads upon the floor, walls or celling which endanger the
structure or obstruct the sidewalk, passageways, stairways or escaiators, in front of, within or
adjacent to the Designated Areas or the roadways; or (e) do, or permit to be done, anything, in any
way, which would be reasonably likely to matehatiy injure the reputation or image of the Airport
Authority or appearance of the Airport or violate the Airport Authority Ruies.
3.7. Other Prohibited Activities. Without limiting the generality of other provisions of this
Agreement, the foliowing activities are prohibited by TNC Drivers:
(a) Turning off or disabling the App when a VehJcie is on Airport property, unless the TNC
Driver is departing the airport after a drop-off;
(b) Allowing operation of a Vehicle on Airport roadways by an unauthorized TNC Driver;
(c) Transporting a passenger in an unauthorized vehicle;
(d) Picking-up or discharging passengers, or their baggage, at any iocation other than the
Designated Areas;
(e) Failing to provide information, or providing faise information, to police officers or Airport
Authority personnel;
(f) DEspiaying, to an Airport Authority official, a waybili in an altered or fictitious form;
(g) Soliciting passengers on Airport property;
(h) Recirculating on the upper or lower level road in front of the Airport terminal;
(i) Using or possessing any alcoholic beverage while on duty;
(1) Failing to operate a vehicle in a safe manner;
(k) Failing to comply with posted speed limits and traffic contro! signs;
(I) Using profane or vulgar language;
(m) Attempting to solicit payment in excess of that authorized by law;
(n) Soliciting for or on behalf of any hotei, c!ub, nightclub, or other business;
(o) Soliciting of any activity prohibited by the applicable laws, rules or regulations;
(p) Operating a vehide which is not in a safe mechanical condition or which Sacks mandatory
safety equipment;
(q) Disconnecting any pollution control equipment;
(r) Using or possessing any illegal drug or narcotic while on airport property;
(s) Operating a vehicle without proper certification or at any time during which Operator's
authority is suspended or revoked; and
CMH-TNC AgreemcnE - i7inEtt - Lyffc - 3 23-16 7
(t) Engaging in any crimina! activity.
3.8. Representative of TNC Ooerator. TNC Operator shall provide the Airport Authority with name,
address, telephone and email address for at least one quaiifled representative authorized to
represent and act for TNC Operator in matters pertaining to its operation, and shali keep Airport
Authority's Parking & Ground Transportation Department informed, in writing, of the identity of each
such person.
3.9. TNC Driver Training. TNC Operator shal! be responsible for ensuring that TNC Drivers use
the TNC Designated Loading Areas approved by the Airport Authority for passenger drop-off and
that TNC Drivers compiy with the provisions of this Agreement and the Airport's Rules and
Regulations. TNC Operator shall make its training available to the Airport Authority upon request,
(a) TNC Notice to Drivers. TNC Operator shal! promptly (within 48 hours) notify TNC Drivers
of any and ail current and changed permit conditions. Further, each time an individual TNC
Driver faiis to comply with the conditions of this Agreement, whether such failure is discovered
by TNC Operator or brought to TNC Operator's attention by the Airport, TNC Operator shall
promptly notice such TNC Driver, and direct TNC Driver to immediately come into compiiance.
4. EiJESLR_EPORTINa: AND RECORDKEEPING
4.1. Defined Terms. As used In this Agreement, the following capitalized terms sha!l have the
foiiowing meanings:
(a) "Trip" means each instance in which a TNC Driver affiliated with a TNC Operator picks up
a passenger on Airport property.
(b) "Per Trip Fee" means a fee of $3.00 for each pick-up by a TNC Vehicle (or as such fee
may hereafter be amended or modified from time to time by Airport Authority in its Rates,
Charges & Fees Schedule).
(c) "Monthly Fee" means the product of the fofiowEng: (i) the number of Trips conducted by
the TNC Operator's Vehicles in one calendar month, and (ii) the Per Trip Fee then in effect.
(d) "Unpermitted Operations Period" means a!! TNC Vehicle pick-up activities by TNC Drivers
operating to, on or from Airport properly using TNC Operator's app from the period of April
15, 2014 through the date the tracking processes described In this Agreement are fuity
operational.
(e) "Agreement Activation Fee" means a one-time the fee based on TNC Operator's activity
at CMH and LCK during the Unpermitted Operations Period.
4.2, Agreement Activation Fee: TNC Operator shail pay a per Airport Agreement Activation Fee of
either: (a) an amount representing actual unpaid Per Trip Fees for each Airport served during the
Unpermitted Operations Period; or (b) the fiat rate of $100,000.
if TNC Operator elects option (a), then TNC Operator shall submit documentation supporting a
calculation of ali trips to, on or from both Airports during the Unpermitted Operations Period. The
documentation shall be submitted and remittance of the Agreement Activation Fee shall be made in
two instai!ments: (1) for the period from April 15, 2014 through and including March 23, 2016; (2) for
the period from March 23, 2016 to the date that the tracking processes described in the Agreement
CM H.TNC Agreement- Final -Lyft- 3 23-16 8
are fully operational, if TNC Operator elects option (b), it sha!t submit the Agreement Activation Fee
with its signed Agreement.
Upon final payment of the Agreement Activation Fee, no further administrative monetary fees will be
charged for the Unpermitted Operations Period.
4.3. Payment Requirements and Reports.
(a) Within fifteen (15) days after the dose of any calendar month, TNC Operator sha!! submit
its operations report to Airport Authority for the previous calendar month (the "Monthly
Report"), The Monthly Report shall be in an agreed-upon electronic or paper format (as
specified by Airport Authority), and shall contain the total number of Trips conducted by all
TNC Vehicles using the Airports during the reporting period. All such information shall be
accurate at a!I times.
(b) TNC Operator agrees to pay the Monthly Fee (as defined above) to the Authority. The
Monthly Fee is due, in full, and received by the Airport Authority, within fifteen (15) ctays after
the close of any calendar month. Ali payments hereunder, including Monthly Fees, shali be
paid at the office of the Airport Authority, or at such other place or manner as Airport Authority
may designate in writing. TNC Operator shall submit the Monthly Report and the Monthly
Fee together.
(c) All payments hereunder, including Monthiy Fees, shall be paid in lawful money of the
United States of America, free from a!! claims, demands, setoffs, or counterdairris of any
kind. Any payments hereunder, including Monthiy Fees, not paid when due shall be subject
to a service charge of one and one-half percent (1 .5%) per month.
4.4. Books and Records.
(a) TNC Operator agrees to maintain and make available to Airport Authority at TNC
Operator's place of business or a mutually agreed upon third party location, during regular
business hours, accurate and detailed books and accounting records reflecting its
performance of its obligations under Sections 4.1-4.3 of this Agreement. TNC Operator shali
use either reasonable efforts to work towards maintaining said books and records in
accordance with generally accepted accounting principles (GAAP), or shall actually maintain
in accordance with GAAP. Upon Airport Authority's reasonable prior written request, which
shall not occur more than twice per calendar year, TNC Operator shall permit the Airport
Authority to audit and examine such books and records retating to its performance of its
obligations under Sections 4.1-4.3 of this Agreement atTNC Operator's place of business or
a mutually agreed upon third party location. Except as provided in Section 4.4(b) below,
Airport Authority shail bear all third party costs for such audit. For avoidance of doubt, Airport
Authority and TNC Operator shall each bear its own respective internal costs in providing for
such audit. TNC Operator shall maintain such data and records in an accessible location and
condition for a period of not less than five (5) years from the expiration of this Agreement or
the last date of operations at the Airport, whichever is later.
(b) Should any examination, inspection and audit of TNC Operator's books and records by
the Airport Authority disclose an underpayment by TNC Operator of the consideration due,
TNC Operator shall promptly pay Airport Authority the amount of such underpayment, if said
underpayment exceeds five percent (5%) of the consideration due, TNC Operator sha!!
reimburse the Airport Authority for all reasonable costs incurred in the conduct of such
examination, Inspection and audit,
CMH-TNC Agreement - Finai - E.yft-3 23-16 9
5. ASSIGNIVIENT
5.1. No Assignment. TNC OpQrator shall not assign, encumber or otherwise transfer, whether
voluntariiy or involuntariiy or by operation of !aw, this Agreement, or any right hereunder, without
Airport Authority's prior written consent, which consent may be granted or denied in Airport Authority's
sole and absolute discretion (the term "Transfer" shall mean any such assignment, encumbrance, or
transfer). Airport Authority's consent to one Transfer shall not be deemed a consent to any
subsequent Transfers. Any Transfer made without Airport Authority's consent shall constitute a
default hereunder and shall be voidable at Airport Authority's election. Notwithstanding the above,
TNC Operator shall retain the right to transfer this Agreement, or any right hereunder, to an affiliate
of TNC Operator, provided a!l PUCO requirements are met, ail necessary PUCO approvals are
obtained, and all PUCO permits remain vaiid.
5.2. Chancfe of Control. The sale or other transfer of a controlling percentage of the capital stock
or membership interests of TNC Operator, whether by merger, stock sale or otherwise, or the sale or
transfer of more than fifty percent (50%) of the value of the assets of TNC Operator reiated to the
operations hereunder, shail be deemed a Change of Control, not a Transfer, and shall not be subject
to the restrictions in Section 5.1, The phrase "controlling percentage" means the ownership of, and
the right to vote, stock or interests possessing more than fifty percent (50%) of the totai combined
voting power of all classes of TNC Operator's capita! stock or interests issued, outstanding and
entitled to vote for the election of directors,
6. COMPLIANCE WITH LAWS
At at! times, TNC Operator shall cause Its use of the Airports and its operations under this Agreement
to comply with aii appiicabie Ohio laws, ordinances, orders, directives, rules, codes, regulations and
decrees of federal, Ohio state anct local governmental entitles and agencies, and their respective
departments, agencies, authorities and boards (individually, a "Oovernmentai Entity", or collectively,
"Governmental Entities"), and a!l grant assurances provided by Authority to any federal, Ohio state
or local Governmenta! Entity in connection with the Authority's ownership or operation of the Airports,
and aii other applicable rules, regulations, policies, and procedures of the Airport Authority (including
Airport Rules), as the same may be amended, modified or updated from time to time, including, but
not limited to, those relating to health and safety, especiaily those pertaining to public safety such as
safe driving practices, seat belts, and child seats/restraints. For the purposes of this Agreement, the
term "Governmentai Entity" shai! also mean and include, without limitation, Airport Authority, the State
of Ohio, U.S. Department of Transportation, Federal Aviation Administration, and Transportation
Security Administration.
7. WAIVER: INSURANCE: INDEIVINIFiCATION
7.1. Waiver. TNC Operator covenants and agrees that Airport Authority shall not, at any time or to
any extent whatsoever, be liable, responsible, or in any way accountable for any losses, liabilities,
judgments, suits, claims, damages, costs and expenses, of any kind or nature (collectively, "Losses"),
which (a) at any time after the effective date of this Agreement may be suffered or sustained by TNC
Operator or any TNC Driver arising out of TNC Operator's operations, or (b) are caused, in whole or
in part, by any act or omission (whether negligent, non-negligent or otherwise) of TNC Operator or
any TNC Driver, This waiver shall not extend to such Losses caused En whole or in part by any act,
omission or negligence of Airport Authority, including Losses caused by the sole gross negligence or
willful misconduct of Airport Authority.
7.2. insurance. TNC Operator shall procure and maintain, at its sole cost and expense and at all
times during the term of this Agreement, insurance of the kind and En the amount hereinafter provided,
CMIi-TNC Agrcemenl - Final - Lyft - 3 23-16 1 0
by financially responsible and qualified companies authorized to do business En the State of Ohio, or
Ohio Department of Insurance approved eHgibfe surplus lines insurer, covering ail operations under
this Agreement (inciuding those of TNC Drivers). Prior to the Commencement Date and annually
thereafter, TNC Operator shaii provide a certificate of insurance to Airport Authority listing the Airport
Authority as an additional insured, in a form acceptable to Airport Authority, showing that TNC
Operator has complied with the obligations of this Section 7. No policy shal! be terminated until at
least thirty (30) days prior written notice thereof has been given to Airport Authority. The foiiowing
insurance coverages are required to be provided by TNC Operator under this Agreement:
(a) Commercial Automobile Liability Insurance with iimits of not less than One Million Dollars
($1,000,000) for each accident for third party bodily injury and property damage. This coverage
applies to Vehicles operated by TNC Drivers whiie:
i. The TNC Driver is located on the airport premises during the course of providing an
accepted trip including the picking-up and dropping-off of passenger(s);
ti. The TNO Driver is located on the airport premises immediately following the conclusion
of a requested trip and while in the course of exiting the airport premises;
Eii. The TNC Driver has logged into the App controlled by the TNC Operator anct is "available
to receive requests" for transportation services from passengers using the App and the
TNC Driver is located on the airport premises.
"Available to receive requests" means the App is in a state such that an applicable request
would be transmitted to the TNC Driver's smartphone for acceptance by the TNC Driver.
(b) Commercial General Liability Insurance of not less than One Million Dotfars ($1,000,000) per
occurrence, insuring the TNC Operator from liability from bodily injury (inclucting wrongfu! death).
personai injury, and damage to property resulting from the performance of this Agreement by
TNC Operator.
Al! Vehicles must be included under TNC Operator's Commercial Automobiie Liabiiity Policy or
covered by a blanket coverage endorsement; and all employees and TNC Drivers of TNC Operator
must be covered under TNC Operator's General Liability policy. The limits of the foregoing insurance
shall not, in any way, limit the liability of TNC Operator under the terms of this Agreement, in addition,
the foregoing insurance policies are primary insurance without any right of contribution from any other
insurance held by Airport Authority with respect to any covered claims arising out of this Agreement.
7.3. Indemnification. TNC Operator agrees to indemnify, defend and hold harmless Airport
Authority, its officers, directors, agents and employees, from and against any and all claims, actions,
damages, liabilities, and Judgments, and losses, costs, fines, penalties, and expenses paid or
payable to a third party (including, but not limited to, reasonable attorney's fees, court costs and
litigation expenses), with respect to any third party claim arising out of or related to: (a) TNC
Operator's, or its TNC Drivers's, performance or exercise of this Agreement and rights granted
under this Agreement; (b) an intentional act or a negligent act or omission of any of TNC Operator's
officers and employees, or TNC Drivers, related to this Agreement; (c) the failure of TNC Operator,
or any of its TNC Drivers, to comply with any applicable laws, ordinances, rules or regulations
related to this Agreement; or (d) any breach or default by TNC Operator, or its TNC Drivers, of any
of its obligations under this Agreement. Notwithstanding the foregoing, TNC Operator shall have
no obligation under this Section for claims arising out of or related to (x) any negligent act or
omission of Airport Authority or its officers, directors, agents, and employees, or (y) any allegation
related to the Airport Authority's authority to enter this Agreement or Airport Authority's enforcement
of this Agreement.
CMH-TNC Agreement" Final - J.yft - 3 23-16 1 1
To the extent allowed by law, Airport Authority agrees to indemnify, defend and hold harmless TNC
Operator, its officers, directors, contractors, agents and employees, from and against any and ail
claims, actions, damages, liabilities, and judgments, and losses, costs, fines, penalties, and
expenses paid or payable to a third party (including, but not iimited to, reasonable attorney's fees,
court costs and litigation expenses), with respect to any third party claim arising out of or related to:
(a) Airport Authority's performance of this Agreement; (b) an Jntentionai act or a negligent act or
omission of any of Airport Authority's officers and employees related to this Agreement; (c) the
failure of Airport Authority or its officers or employees to compjy with any applicabfe laws,
ordinances, rules or reguiations related to this Agreement; or (d) any breach or default by Airport
Authority of any of its obligations under this Agreement.
Any indemnification and hold harmless obligations of TNC Operator under this Agreement sha!l
survive any expiration or termination of this Agreement. The forgoing indemnification obiigation is
contingent upon the indemnified party providing the indemnifying party with (i) prompt written notice
of any potential claim subject to indemnlfication hereunder, (ii) sole control over the defense and
settlement of each such claim (provided that the indemnifying party will not settle or compromise
any claim without written consent of the indemnified party, which consent sha!! not be unreasonably
withheld, conditioned or delayed), and (iii) reasonable cooperation, at indemnifying party's expense,
in the defense and setdement of a claim.
7.4 Confidentiality of Records. Except as otherwise limited in this Section, the Airport Authority
shal! maintain the confidentiality of all information and materials provided by the TNC Operator.
The Airport Authority, as a Port Authority of the State of Ohio, is subject to Ohio Revised Code
Chapter 149, known as the Ohio Public Records Law. Consequently, the TNC Operator
understands that ALL documents submitted to the Airport Authority may be considered public
records and may be subject to release by the Airport Authority when a public records request is
made in accordance with the law. If the TNC Operator is concerned that documents submitted to
the Airport Authority contain confidential financia! and proprietary information, induding trade
secrets, then the TNC Operator must CLEARLY MARK the specific types of information considered
by the TNC Operator to be confidential and state the reason that the TNC Operator contends these
portions of its documents constitute an exception to Ohio's pubiic records iaw.
If a public records request is made for any portion of the documents that a TNC Operator has
submitted and the TNC Operator has NOT clearly marked specific types of information contained
in such documents as confidential tinancia) or proprietary information, and therefore potentialiy
constituting an exception to Ohio's pubiic records law, the Airport Authority may release all of the
requested information Immediately.
If a public records request is made for such information and the TNC Operator HAS clearly marked
portions of its documents as confidentia! financial or proprietary information, potentially constituting
an exception to Ohio's public records law, the Airport Authority wi!l attempt to reiease the information
to the requester, after redacting the specific types of information identified as confidential financial
and proprietary, and notify the TNC Operator that a request was made and that a redacted version
of the TNC Operator's response was released. Should the requester challenge the classification of
redacted information as confidentiai tinancia! or proprietary information, the Airport Authority will
notify the TNC Operator that further explanation of the information's designation as confidential has
been demanded by the requester and the request for public information has been restated. The
TNC Operator then wiii be IMMEDIATELY responsible for obtaining an order from a Court of
competent jurisdiction in FranSdin County, Ohio, enjoining release of the TNC Operator's clearly
marked information constituting an exception to Ohio's pubiic records law. If TNC Operator does
not initiate an action in court to seek a Judicial determination within five (5) business days, the
CMH-TNC Agreement - Final - Lyft - 3 23-16 1 2
Authority may then release the information to the requester. Once TNC Operator has initiated a
court action, the Authority will not disclose such information pending court resolution of the matter.
8. DEFAULT: REMEDIES
8.1. Event of Default, The occurrence of any one or more of the following events shall constitute a
breach of this Agreement and an "Event of Default:
(a) TNC Operator shai! fail, duly and punctuaiiy, to pay Monthiy Fees (or to submit any
Monthly Report), or to make any other payment required hereunder, when due to Airport
Authority, and such failure shall continue beyond the date specified in a written notice of such
breach or default from Airport Authority, which date shall be no earlier than the tenth (10th)
business day after the effective date of such notice;
(b) A Transfer occurs without the prior approval of the Airport Authority as set forth in section
5.1;
(c) TNC Operator fails to (i) comply with any provision of the Ohio Revised Code or PUCO
Regulations; or (ii) obtain and maintain the insurance required hereunder, and to provide
copies of the insurance certificates to the Airport Authority as required herein; or
(d) TNC Operator fails to keep, perform and observe each and every other promise, covenant
and agreement set forth In this Agreement, and such failure continues for a period of more
than thirty (30) days after delivery by Airport Authority of a written notice thereof.
8.2. Remedies. Upon the occurrence and during the continuance of an Event of Default, Authority
shall have the toSiowing rights and remedies in addition to any and all other rights and remedies
avaiiable to the Airport Authority under this Agreement, at law, or in equity: (a) Authority may elect
to terminate this Agreement; and (b) nothing herein shall be deemed to limit Airport Authority's right
to terminate this Agreement as provided En Section 2, If this agreement is terminated, TNC Operator
shall promptly effect the termination through its application technology, such as by blocking out
Airport property as a location available for pick-up or taking other steps as necessary to inform its
drivers and customers of the termination of permitted activities.
8.3. Cumulative Ricihts. The exercise by Airport Authority of any remedy provided in this Agreement
shall be cumulative and shali in no way affect any other remedy available to Airport Authority under
law or in equity.
8.4. fines/Penalties. By operating on the Airports, TNC Operator and TNC Drivers affiliated with
TNC Operator shali be subject to Airport Rules and any other applicable laws, ordinances, rules and
reguiations including any fines or penalties in connection therewith. Airport Authority shall have no
obiigation to TNC Operator to impose fines on, or otherwise take action against, any other person or
entity at the Airports.
9. GOVERNIVIENTAL PROVISIONS
9.1, No Representations. TNC Operator acknowledges and agrees that neither Airport Authority,
nor any person on behalf of Airport Authority has made any representations or warranties, express
or implied, regarding the business venture proposed by TNC Operator at the Airports, including any
statements relating to the potential success or profitabiiity of such venture. TNC Operator represents
and warrants that it has made an independent investigation of ail aspects of the business venture
contempiated by this Agreement.
CMH-TNC Agreement - Fmal - Lyft - 3 23-16 1 3
9.2, Limitation on Damacjes. Notwithstanding anything in this Agreement to the contrary in no event
will either party be liable to the other party for any consequential, incidental or special damages, or
lost revenues or lost profits.
9.3. Federal Nondiscrimmation. Operator understands and acknowledges that Airport Authority
has given to the United States of America, acting by and through the Federal Aviation Administration,
certain assurances with respect to nondiscrimjnation, which have been required by Titie VI of the
Civil Rights Act of 1964, as effectuated by Title 49 of the Code of Federal Regulations, Subtitle A"
Office of the Secretary of Transportation, Part 21, as amended, as a condition precedent to the
government making grants in aid to Airport Authority for certain Airport programs and activities, and
that Airport Authority is required under said Regulations to include in every agreement or concession
pursuant to which any person or persons other than Airport Authority, operates or has the right to
operate any facility on the Airport providing services to the public, the foliowing covenant, to which
Operator agrees for itself, permittees, grantees, successors in interest, and assigns as fofiows:
"Operator, in its operation at and use of Airport Authority Airports, covenants that (1) no person on
the grounds of race, color or national origin shal! be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction
of any improvements on, over or under such land and the furnishing of services thereon, no person
on the grounds of race, color or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination, and (3) that the grantee, licensee, Operator,
etc., shall comply with a!) other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Subtitle A, Office of the Secretary of Transportation, Part 21, Nondiscrimination in
Federaiiy-Assisted Programs of the Department of Transportation Effectuations of Title VI of the Civil
Rights Act of 1964, and as said regulations may be amended."
With respect to any licenses, permits or other authority granted to Operator hereunder, in the event
of breach of any of the above nondiscrimination covenants, then Airport Authority shall have the right
to terminate said licenses, permits or other authority.
9.4. Dru<3-Free Workplace. TNC Operator acknowledges that, pursuant to tho Federal Drug-Free
Workplace Act of 1989, the unlawful manufacture, distribution, possession or use of a controlled
substance is prohibited on Airport Authority's premises, including the Airports. Any violation of this
prohibition by TNC Operator shali constitute a default hereunder.
9.5. Subordination. This Agreement Is subject and subordinate to the provisions of any agreement
heretofore or hereafter made between Airport Authority and any Governmental Entity relative to the
operation or maintenance of the Airports, the execution of which has been required as a condition
precedent to the transfer of federal rights or property to Airport Authority for Airport purposes, or the
expenditure of federal funds for the improvement or development of the Airports, including the
expenditure of federal funds for the deveiopment of the Airport in accordance with the provisions of
the Federal Aviation Act.
10. GENERAL PROVISiONS
10.1. Notices. Except as otherwise specifically provided in this Agreement, any notice, demand or
other correspondence given under this Agreement shall be in writing and given by prepaid certified
mai! (return receipt requested), or reputable overnight courier (such as Federal Express), to: (a) TNC
Operator at its Notice Address; or (b) Airport Authority at its Notice Address; or (c) such other address
as either TNC Operator or Airport Authority may designate as Its new address for such purpose by
notice given to the other in accordance with this Section 10. Any notice hereunder shai! be deemed
to have been given and received, and effective, two (2) days after the date when it is mailed. For
CMH-TMC Agreement - E;inaf - Lyft - 3 23-16 14
convenience of the Parties, copies of notices may also be given by facsimile or electronic mail;
however, neither Party may give official or binding notice by facsimile or electronic mail.
TNC Operator's Notice Address:
LYFT, INC.
Attn: Bakari Brock
2300 Harrison Street
San Francisco, CA 94110
With copy to Legal Department
Airport Authority's Notice Address: EiaEne Roberts, A.A.E.,
PresidenVCEO
Columbus Regional Airport Authority
4600 Internationa! Gateway B!vd.
Columbus, Ohio 43219
eroberts@columbusaii'ports.com
with copy to Counsel
10.2. Waiver of Performance. The waiver by either Party of performance of any provisions of this
Agreement sha!l not constitute a future waiver of performance of such provisions.
10.3. Entire Acireement. The Parties intend that this Agreement shai! be the finai expression of their
agreement with respect to the subject matter hereof and may not be contradicted by evidence of any
prior or contemporaneous written or orai agreements or understandings. The Parties further intend
that this Agreement shal! constitute the complete and exclusive statement of its terms and that no
extrinsic evidence whatsoever (including prior drafts hereof and changes therefrom) may be
introduced in any judicial, administrative or other iegal proceeding involving this Agreement.
10.4. Amendments. Except as specifically provided herein, amendments to this Agreement require
written agreement of the Parties. Notwithstanding the foregoing, if a Governmental Entity requires
modifications or changes to this Agreement as a condition precedent to the granting of funds for the
improvement of the Airport, TNC Operator shall agree to make such amendments, modifications,
revisions, supplements or deletions of any of the terms, conditions or requirements of this Agreement
as may be reasonably required.
10.5. Interpretation. The headings and captions of this Agreement have been inserted for
convenience of reference oniy, and such captions or headings shall in no way define or limit the
scope or intent of any provision of this Agreement This Agreement has been negotiated at arm's
length and between persons sophisticated and knowledgeable in the matters dealt with herein, and
shall be interpreted to achieve the intents and purposes of the Parties, without any presumption
against the Party responsible for drafting any part of this Agreement
10.6. Successors and Assigns. Subject to the provisions of Section 5, the terms and conditions
contained in this Agreement shall bind and inure to the benefit of TNC Operator and Airport Authority,
and, except as otherwise provided herein, to their personal representatives and successors and
assigns.
CMH-TNC Agrecinenfc - Pinal - I.yft - 3 23-16
15
10.7. Severabilitv. !f any provision of this Agreement or the application thereof to any person, entity
or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby, and each other provision of this Agreement shall be valid and be
enforceabie to the full extent permitted by law.
10.8. Govemincj Law. This Agreement shall be construed and enforced in accordance with, and
governed by, the jaws of the State of Ohio. Any dispute arising out of this Agreement, including, but
not limited to, any issues relating to the existence, validity, formation, interpretation or breach of this
Agreement, shall be brought and litigated exclusively En a state or federal court located in Coiumbus,
Ohio; and the Parties consent to the exclusive jurisdiction thereof.
10.9. Authority. TNC Operator represents and warrants that TNC Operator is a duiy authorized and
existing entity, that TNC Operator has and is duly qualified to do business in the State of Ohio, that
TNC Operator has full right and authority to enter into this Agreement, and that each and all of the
persons signing on behalf of TNC Operator are authorized to do so. Upon Airport Authority's request,
TNC Operator shall provide Airport Authority with evidence reasonably satisfactory to Airport
Authority confirming the foregoing representations emd warranties.
10.10. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shal! be deemed an origina!, but all of which taken together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have caused their respective duly authorized
representatives to execute this Agreement on ^HAsxm. 2.y _, 2016.
COLUIVtBUS REGIONAL
AlBEOfiX^IWOHIT-Y
By:.
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CMH-TNC Agreement - Final - Lyft - 3 23-16
16
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Attachment 1
CMH Designated Areas of Operations
Columbus Area MQP
Instructions for all TNC Drivers
Entering the Geo-Fence:
All TNC Vehicles entering onto the
airports Geo-Fence/ for the purpose of
dropping off or picking up passengers,
will be eiectronica!ly identified using a
unique number and the vehicle s
license plate. Vehldes will be tracked
and monitored for compliance, and
drivers must display their Trade Dress
all times.
The Hotels, Cell Phone Lot, Parking
Port Columbus
International Airport
Garage/ Parking Lots (Blue, Red &
Green), Me Donald's and the Post
Office areas are prohibited from being
used as staging locations.
AREA MAP
All TNC Vehicles staging at Port
Columbus wili do so in the TNC Staging
Area at the West Green Parking Lot*
Trade Dress must be displayed at all
times in the Staging Area while
awaiting a fare. Once a Waybill has
been issued, drivers will proceed to
the authorized TNC loading area.
COLUMBUS
ATTACHMENT 1
CMH Designated Areas of Operations
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PORT COLUMBUS INTERNATIONAL AIRPORT
DEPARTURE LEVEL
Passenger Drop-Offs
Ail TNC Vehicles dropping off passengers on Departures at Port Columbus wi!l do so on the departures level
depicted above. Additional Drop-Off Locations include Lane Aviation/ Net Jets or the On-Airport Hotels. The
Airport's Parking Lots (Blue/ Red & Green)/ Paridng Garage and Rental Car areas are unauthorized staging and
drop-off/picl^up locations, *** Please have your electronic Waybili available for random compliance checks by
airport personnel.
ATTACHMENT 1 (Cont.)
CMH Designated Areas of Operations
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PORT COLUMBUS INTERNATIONAL AIRPORT
ARRIVAL LEVEL
Passenger Pick-Ups
All TNC Vehicles picking up passengers at Port Columbus will do so primarily from the Arrivals Level. Additional
authorized loading area induding Lane Aviation/ Net Jets or at an On-Airport Hotel.
Once a Waybill has been issued/ drivers wilt proceed to the designated pickup location on Arrivals or an
authorized location. The Airport's Parking Lots/ Parking Garage and Rental Car areas are unauthorized dropoff/pick-up locations. Vehicles cannot stage at any designated loading area and they are only permitted to circle
the loop a maximum of (2) two times.
Once passengers are loaded/ the driver must proceed to exit the Geo-Fence area. *** Please have your
electronic Waybill available for random compiiance checks by airport personnel.
ATTACHMENT 2
LCK Designated Areas of Operations
Rickenbacker
/nternati'onal Airport
AREA MAP
Columbus, Ohio 43217
U.S, Customs and
Bordei pfoiecttoii ^
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To NaU&nai Guari Base and
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Chsfter Temilnal
Control Tower
2241 John Cifde Dr. fflchenbactet /iwlation
22&5John CifCte Or. 7'iOOAtum Cteek Of.
ATTACHMENT 2 (Cont)
LCK Designated Areas of Operations
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RIC^NSACKER INTERI^iONAL
AIRPORT TEiWAL
R1CKENBACKER INTERNATIONAL AIRPORT
Passenger Plck-Ups & Drop-Offs
All TNC Vehicles entering the Geo-Fence on airport property to drop off passengers will proceed to the curbside
area on John Circle Drive. Upon completion of the drop off/ drivers must proceed to exit the Geo-Fence area via
6th Street. *** Please have your electronic Waybill available for random compliance checks by airport
personnel.
ATTACHMENT 2 (Cont)
LCK Designated Areas of Operations
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RICKENBACKER INTERNATIONAL AIRPORT
Passenger Pick-Ups
Ali TNC Vehicles entering the Geo-Fence from Alum Creei< Drive in anticipation of a passenger pick up
wiH'proc'eed'to'the TNC Staging Area on Rickenbacker Parkway. Trade Dress must be displayed at all
times in the Staging Area while awaiting a fare.
Once a Waybill has been issued, drivers will proceed curbside of the terminal on John Circle Drive to^icKup^
their passenger. The Airport's Parking Lots, and hotels are unauthorized plck-up^cations. vehides_cann^5Iage
i^he'pariiing'lots of surrounding businesses within the Geo-Fence area, nor in front of the terminal. Vehicles
are only permitted to circle a maximum of (2) two times.
Once passengers are loaded, the driver must proceed to exit the Geo-Fence area via the Alum(JeekDme-
^'*Pleasehaveyour electronic Waybill available for random compliance checks by airport personnel.
EMDORSEMENT # 0^(6
This endorsement, effective 12:01 AIU1 03/16/2016
Forms a part of policy no.: 065^63589
Issued to: LYFT, INC.
By:LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED EMDORSEIVIENT
It is agreed that the following is named as an additional insured under this policy:
NAME
Columbus Regional Airport Authority
ADDRESS
^600 International Gateway Blvd
TOWN,STATE Columbus, OH 43219
AS RESPECTS Operations of the Insured
It is lurther agreed that naming the above as an insured does not serve to increase the Company's liability as
specified in the declarations of this policy.
LEXOCC072(Ed.03/86)
LX0259
Authorized Representative OR
Countersignature (In states where applicable)
ENDORSEMENT # 047
This endorsement effective 12:01 AIVI 03/16/2016
Fomns a part of policy no.: 065463589
Issued to: LYFT, INC.
By:LEXINGTON INSURANCE COMPANY
ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED
INSURED EMDORSEMENT
This endorsement modifies insurance provided by the policy:
SCHEDULE
Name of Certificate Holder(s) and Address;
1. Columbus Regional Airport Authority
Elaine Roberts, A.A.E,, President/CEO
^600 international Gateway Blvd.
Columbus, OH 43219
2.
If the Insurer cancels this policy for any reason other than cancellation for non-payment of premium,
notice of cancellation shall be given in accordance wth the terms and conditions of the policy to the
Cerdficats Holder(s) shown in ttie above Schedule.
Other tinan the right to receive notice of cancellation as set forth herein, ihis endorsement confers no
rights under this policy to the Certificate Hoider(s) including, but not limited to, additional insured status
or additional Named Insured stains.
As used herein, Insurer means ihe insurance company sho\/vn in iho header on the Declarations Page
of this policy,
All other terms and conditions of the policy remain the same.
Authorized Representative
LX89S& (05/13) Page 1 of 1
POLICY NUMBER: BAP 4281401-00 COMiVIERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the foiiowing:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies perspn(s) pr organization(s) who are "insureds" for Covered Autos Liability Coverage
under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage
provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: Lyft, Inc.
Endorsement Effective Date: 3/16/2016
SCHEDULE
Name Of Person(s) Or Organization(s):
Columbus Regional Airport Authority
4600 International Gateway Blvd.
Columbus, OH 43219
Information required to complete this Schedulet if not shown above, will be shown in the Declarations^
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies
as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section I! Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA2048 10 13 © Insurance Services Office, Inc., 2011 Page 1 oft
Walters Kluwer Hnandal £en4ces I Uniform Foi-ms w
@
Notification to Others of Cancellation, Nonrenewal
or Reduction of Insurance
Policy No,
Eff, Date of Pol.
10/01/2015
BAP 4281401-00
Exp, Date of Pol.
Eff, Date of End.
10/01/2016
3/16/2016
ZURICH
Add'l. Prem
Producer No,
Return Prem.
70003000
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Automobile Coverage Part
A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured for any reason other than
nonpaymenf of premium, we will mail or deliver a copy of such written notice of cancellation ornon-renewal:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first
Named Insured, or the longer number of days notice if indicated in the Schedule below.
B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we wili mail
or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or
organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If coverage afforded by this Coverage Part is reduced or restricted, except for any reduction of Limits of Insurance due
to payment of claims, we will mail or deliver notice of such reduction or restriction:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if
indicated in the Schedule below.
D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof
of such notice.
SCHEDULE
Name and Address of Other Person(s) /
Organizafion(s):
Columbus Regional Airport Authority
Elaine Roberts, A.A.E., President/CEO
4600 International Gateway Blvd.
Number of Days Notice:
30
Columbus, OH 43219
All other terms and conditions of this policy remain unchanged.
U-CA-8H-ACW (05/10)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with Its permission,