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Reference Draft <br /> Highlight of changes made by Metricom as requested by LMC and SRA <br /> . - [NAME OF MUNICIPALITY] I <br /> Right-of-Way Permit and Facility Use <br /> Agreement <br /> HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement') is dated as of <br /> , [Year of Agreement Date] (the "Effective Date"), and <br /> entered into by and between the CITY OF [NAME OF MUNICIPALITY], a <br /> Minnesota local government unit (the "City"), and METRICOM, INC., a Delaware <br /> corporation ("Metricom"). <br /> Recitals <br /> A. Metricom owns, maintains, and operates, in accordance with regulations <br /> promulgated by the Federal Communications Commission, a mobile digital data <br /> communications radio network known as Ricochet®, utilizing Radios (as defined in <br /> § 1.10 below) and related equipment certified by the Federal Communications <br /> Commission. <br /> B. For purpose of operating Ricochet®, Metricom wishes to locate, place, <br /> S attach, install, operate, and maintain Radios in the Public Right of Way (as defined in <br /> § 1.9 below) on facilities owned by the City, as well as on facilities owned by third <br /> parties therein. <br /> Agreement <br /> Now, therefore, for good and valuable consideration, the receipt and <br /> sufficiency of which are hereby acknowledged, the parties agree to the following <br /> covenants, terms, and conditions: <br /> 1 DEFINmONs. The following definitions shall apply generally to the provisions of this <br /> Use Agreement: <br /> 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross <br /> dollar amount received by Metricom for its Services (as defined in § 1.11 <br /> below) provided to subscribers with billing addresses in the City, <br /> excluding (i)--ttte--Rigllt-ef--Way--Management----Reim-bufsemeMF—if--afiy, <br /> any utility users' tax, <br /> Right-of-Way Permit and Facility Use Agreement <br /> City of[Name of Municipality]::Metricom,Inc. <br /> Page 1 of 17 <br /> • <br />