Laserfiche WebLink
4.1.1 Reduction of Right-of-Way Management Reimbursement by <br /> Amount of Utility Users orTelecommunications-Communications <br /> Tax. Notwithstanding anything to the contrary in this Use <br /> Agreement, if the Services are subject to a utility users tax, <br /> telecommunications-communications tax, or other similar tax or fee <br /> which accrues to the City by operation of the City's Municipal <br /> Code or other applicable law, then the amount of the Right-of-Way <br /> Management Reimbursement shall be reduced by the amount of <br /> the applicable utility users tax, telecommunications <br /> communications tax, or such other similar tax or fee. <br /> • <br /> 4.1.2 Accounting Matters. Metricom shall keep accurate books of <br /> account at its principal office in Los Gatos or such other location of <br /> its choosing for the purpose of determining the amounts due to the <br /> City under § 4.1 above. The City may inspect Metricom's books of <br /> account relative to the City at any time during regular business <br /> hours on thirty (30) days' prior written notice and may audit the <br /> books from time to time at the City's sole expense, but in each case <br /> only to the extent necessary to confirm the accuracy of payments <br /> due under§4.1 above. Alternatively, Metricom will make available <br /> for inspection by the City at Metricom's office located closest to the <br /> City, upon thirty (30) days prior written notice, the relevant <br /> portions of its books and records as reasonably necessary to <br /> confirm the accuracy of any payments due the City under this Use <br /> Agreement. The City agrees to hold in confidence any non-public <br /> information it learns from Metricom to the fullest extent permitted <br /> by Law. <br /> 4.2 Annual Fee. As compensation for the use of Municipal Facilities, <br /> Metricom shall pay to the City an annual fee (the "Annual Fee") in the <br /> amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if <br /> any, upon which a Radio has been installed pursuant to this Use <br /> Agreement. Where light poles or other facilities to be used by Metricom <br /> within the Public Right of Way are owned by a utility, such annual fee <br /> shall be paid to the appropriate utility and not to the City. The aggregate <br /> Annual Fee with respect to each year of the term shall be an amount equal <br /> to the number of Radios installed on Municipal Facilities during the <br /> preceding twelve (12) months multiplied by the Annual Fee, prorated as <br /> appropriate, and shall be due and payable not later than forty-five (45) <br /> Right-of-Way Permit and Facility Use Agreement <br /> City of[Name of Municipality]::Metricom,Inc. <br /> Page 7of 17 <br />