2000-04-20 Agenda - Laserfiche WebLink

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• costs of continuing management of the Public Right of Way utilized by Metricom and that such Right-of-Way Management Reimbursement is not a franchise fee or payment for use of the Public Right of Way. The Right-of-Way Management Reimbursement shall be payable for the period commencing upon the date that Services are offered to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement, and shall be due on or before the 45th day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment. If Metricom discovers any error in the correct amount of compensation due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due. Acceptance by the City of any payment due under this section shall not be deemed to be a • waiver by the City of any breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. City may, at any time, at City's sole options upon ninety-(90) days written notice, require Metricom to discontinue the Right-of-Way Management Reimbursement compensation. Upon receiving such notice Metricom shall, no later than ninety (90) days after receiving such notice, cease making all compensation payments that would have been payable after such ninety (90) day notice period. If City requires such a discontinuation of Right-of- Way Management Reimbursement compensation, the City may then charge, on an annual basis, its actual Right-of-Way Management costs (pursuant to Minnesota Statutes Sec. 237.162, Subd. 9 and Sec. 237.163, Subd. 2 (b))1 that are incurred after the expiration of the ninety (90) day period described above. Metricom shall only be liable for such actual annual Right-of-Way management costs to the extent such costs exceed the annual retail value of the service subscriptions for which the City is eligible under Section 4.5 of this Agreement. Right-of-Way Permit and Facility Use Agreement ety of[Name of Municipality]::Metricom,Inc. Page 6 of 17 S