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Monday—Thursday: 8:00am—9:15am <br /> Friday:9:00am—9:30am <br /> Playground Time: <br /> Monday—Friday: 11:00am—1:30pm <br /> Student Pickup: <br /> Monday—Thursday: 3:00pm—5:00pm <br /> Friday: 3:00pm—3:30pm <br /> The Everett Station Building Manager and authorized representative of Tenant may mutually <br /> agree in writing to modify this schedule as needed to accommodate changes in School <br /> operations or security needs. <br /> 5. Payment. Tenant will pay Landlord based on the actual number of hours of Additional Transit <br /> Patrol Services provided by Landlord, multiplied by the fully-loaded hourly rate (i.e., wages plus <br /> benefits) of the security employee providing the services. As of the date of this Amendment, the <br /> fully-loaded hourly rate is approximately$43.34 per hour, which is based on an annualized fully- <br /> loaded rate of $86,678 for a full-time security employee. Tenant will only be charged for <br /> Additional Transit Patrol Services provided on days when School is in session. Tenant will not be <br /> charged for Tenant's holidays, school breaks, or any other days when School is not in session. <br /> Landlord may adjust hourly rate(s) once per year by providing written notice to Tenant not later <br /> than June 1 of each year, provided that such annual increase shall not exceed 3%. The adjusted <br /> rate(s) will go into effect on September 1 of each year. Landlord will invoice Tenant monthly in <br /> arrears for the actual hours of Additional Transit Patrol Services provided during the prior month <br /> and Tenant will pay the undisputed amounts due under this paragraph in arrears each month as <br /> additional rent, not to exceed a total monthly amount of$5,500(which will be adjusted to reflect <br /> hourly rate increases made in accordance with this paragraph,subject to the percentage cap). For <br /> the avoidance of doubt, Tenant shall only be responsible for paying at the hourly rate set forth <br /> herein and shall not be responsible for any overtime rates that may be applicable to the security <br /> employee. <br /> 6. Cancellation. <br /> (a) Landlord may cancel the Additional Transit Patrol Services for convenience by providing <br /> 90 days prior written notice to Tenant. In addition, Landlord may cancel the Additional <br /> Transit Patrol services by written notice if Tenant has failed to cure a material default of <br /> this Amendment within 30 days following written notice of the same from Landlord. <br /> (b) Tenant may cancel the Additional Transit Patrol Services for convenience by providing 30 <br /> days prior written notice to Landlord. In addition, Tenant may cancel the Additional <br /> Transit Patrol Services immediately and without penalty upon written notice to Landlord <br /> in the event of(a) any breach or good faith suspected breach by Landlord of any term in <br /> this Amendment. <br /> 7. Independent Contractor.The Additional Transit Patrol Services are performed by Landlord as an <br /> independent contractor and nothing about this arrangement creates an employer — employee <br /> relationship between Tenant and Landlord,or Tenant and any of Landlord's personnel or vendors. <br /> 6 <br />