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• days after each anniversary of the Installation Date. City represents and <br /> covenants that City owns all Municipal Facilities for the use of which it is <br /> collecting from Metricom the Annual Fee pursuant to this § 4.2. <br /> 4.2.1 CPI Adjustment. Effective commencing on the fifth (5th) <br /> anniversary of the Installation Date and continuing on each fifth <br /> (5th) anniversary thereafter during the term, the Annual Fee with <br /> respect to the ensuing five-year period shall be increased by a <br /> percentage amount equal to the percentage increase, if any, in the <br /> U.S. Department of Labor, Bureau of Labor Statistics Consumer <br /> Price Index (All Items, All Consumers, 1982-1984=100) which <br /> occurred during the previous five-year period for the Midwest <br /> Urban Region Consolidated Metropolitan Statistical Area. <br /> 4.3 Electricity Charges. Metricom shall be solely responsible for the payment <br /> of all electrical utility charges to the applicable utility company based <br /> upon the Radios' usage of electricity and applicable tariffs. <br /> 4.4 Reimbursement of City's Project Review Expenses. Metricom shall <br /> reimburse the City at City's standard rates for reasonable attorney's fees <br /> and other project review expenses relating to the preparation and review <br /> of this Use Agreement, promptly upon receipt of itemized bills, paid <br /> invoices, and other such documentation as Metricom shall reasonably <br /> require, and in a total amount not to exceed One Thousand Dollars <br /> ($1,000). The reimbursement provided for in this § 4.4 shall not replace or <br /> excuse Metricom from the payment of any applicable permit fee for work <br /> undertaken pursuant to the initial installation of the Radios. <br /> 4.5 Municipal Subscriber Program. t—erder--te encourage- the--u c of <br /> Ricochet® -throughout----the---City----and t©- -facilitate---ereative----applications <br /> therefore, City shall have the right throughout the term of this Use <br /> Agreement to receive up to the maximum number specified below (based <br /> upon the City's population) of free Ricochet® basic service subscriptions. <br /> The number of free subscriptions which the City may receive shall be <br /> determined in accordance with the City's official population, as shown on <br /> the latest available census data, as follows: (a) for municipalities with a <br /> population of less than 100,000, up to a maximum of ten (10) free <br /> subscriptions; (b) for municipalities with a population of between 100,000 <br /> and 249,000, up to a maximum of fifteen (15) free subscriptions; (c) for <br /> Right-of-Way Permit and Facility Use Agreement <br /> City of[Name ofMunicipalityl.'Metricom,Inc. <br /> Page 8 of 17 <br /> • <br />