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• 3.3.1 Interference Resolution. Any actual or anticipated radio interference <br /> caused by either the presence of the Radios or the presence of any such <br /> other communications equipment or devices in the Public Right of Way <br /> shall be resolved by Metricom and any such other providers without cost <br /> to City on the basis of the applicable rules, regulations, practices, and <br /> procedures of the FCC. City agrees to assist Metricom in the resolution of <br /> any such interference dispute at Metricom's sole expense. <br /> 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws <br /> in the exercise and performance of its rights and obligations under this <br /> Use Agreement. The Right-of-Way Management Reimbursement <br /> provided for in §4.1 below shall be in lieu of all other City fees, with the <br /> exception of any City permits required for the initial installation of the <br /> Radios. City shall promptly respond to Metricom's filings and shall <br /> otherwise cooperate with Metricom in facilitating the deployment of <br /> Ricochet®in the Public Right of Way in a reasonable and timely manner. <br /> 3.5 Location and Installation of Radios. The proposed locations of Metricom's <br /> planned initial installation of Radios shall be <br /> consultation—determined subject to the reasonable prior review and <br /> approval of the City, promptly after Metricom's review of available street <br /> light maps and prior to deployment of the Radios. Upon the completion <br /> of installation, Metricom promptly shall furnish to the City a pole list <br /> showing the exact location of the Radios in the Public Right of Way. <br /> 4 COMPENSATION; UTILITY CHARGES. Metricom shall be solely responsible for the <br /> payment of all lawful Fees in connection with Metricom's performance under this Use <br /> Agreement, in accordance with the terms set forth below. <br /> 4.1 Right-of-Way Management Reimbursement In order to reimburse City for <br /> any right-of-way management costs it may incur during the term of this <br /> Use Agreement following the initial deployment of the Radios in <br /> connection with Metricom's entry upon and deployment within the Public <br /> Right of Way, Metricom shall pay to the City, on an annual basis, an <br /> amount equal to one percent (1%) of Adjusted Gross Revenues (the "Right- <br /> of-Way Management Reimbursement"), which amount may be collected <br /> from subscribers of the Services with billing addresses in the City and <br /> remitted to City as provided herein. The parties agree that such <br /> Right-of-Way Management Reimbursement represents a fair estimate of the <br /> Right-of-Way Permit and Facility Use Agreement <br /> Gty of(Name ofMunicipality]:•Metricom,Inc. <br /> • Page 5 of 17 <br />