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• municipalities with a population of between 250,000 and 500,000, up to a <br /> maximum of twenty (20) free subscriptions; and (d) for municipalities of <br /> over 500,000,up to a maximum of twenty-five(25) free subscriptions. City <br /> shall designate one person who shall be responsible for ordering and <br /> receiving any subscriptions. To take advantage of this program, the <br /> designated individual should contact Metricom's Network Real Estate <br /> Department at the address stated in § 8 below City's right to use the <br /> subscriptions shall commence at the time that Ricochet® service is <br /> commercially available in the City and shall extend until the expiration of <br /> the term of this Use Agreement or through the length of time that Radios <br /> are deployed in the Municipal Right of Way, whichever is longer. City's <br /> use of the subscriptions shall be subject to the standard Ricochet® terms <br /> and conditions of use. City understands and agrees that modems and <br /> equipment required to utilize the subscriptions and any additional service <br /> subscriptions or service options the City may desire may be obtained from <br /> an authorized retailer at market rates current from time to time. City shall <br /> use all subscriptions provided pursuant to this section solely for its own <br /> use and shall not be entitled to resell, distribute, or otherwise permit the <br /> use of same by any other person, excepting a local public entity that <br /> provides public service within the corporate boundaries of the City (e.g., <br /> municipal schools, public safety, or fire departments, etc.). The level of <br /> • benefits and service provided to City by Metricom as "basic service" shall <br /> not be diminished or reduced during the term of this Use Agreement or <br /> renewal thereof or prior to its cancellation or termination, as the case may <br /> be. <br /> 4.6 Most-Favored Municipality Clause. Should Metricom after the parties' <br /> execution and delivery of this Use Agreement enter into a right-of-way <br /> permit and facility use agreement with another municipality of the same <br /> size or smaller than the City as compared with cities in the Minnesota <br /> counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and <br /> Washington,' <br /> which agreement contains either (a) a higher Right-of Way Management <br /> Reimbursement as described in § 4.1 above or (ab) a higher Annual Fee as <br /> described in § 4.2 above or (bc) a higher amount of Reimbursement of <br /> City's Project Review Expenses as described in § 4.4 above, City shall have <br /> the right to request--require that Metricom modify this Use Agreement to <br /> Right-of-Way Permit and Facility Use Agreement <br /> City of[Name of Municipality]::Metricom,Inc. <br /> Page 9 of 17 <br /> • <br />