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• 11.2 Waiver of Breach. The waiver by either party of any breach or violation of <br /> any provision of this Use Agreement shall not be deemed to be a waiver <br /> or a continuing waiver of any subsequent breach or violation of the same <br /> or any other provision of this Use Agreement. <br /> 11.3 Severability of Provisions. If any one or more of the provisions of this Use <br /> Agreement shall be held by court of competent jurisdiction in a final <br /> judicial action to be void, voidable, or unenforceable, such provision(s) <br /> shall be deemed severable from the remaining provisions of this Use <br /> Agreement and shall not affect the legality, validity, or constitutionality of <br /> the remaining portions of this Use Agreement. Notwithstanding the <br /> foregoing, the parties agree that if a court or administrative agency of <br /> competent jurisdiction should declare a provision(s) of Section 4 of this <br /> Use Agreement invalid, then the parties shall each be obligated to <br /> negotiate in good faith to amend Section 4 of this Use Agreement and if, <br /> after one hundred and eighty (180) days from the commencement of <br /> negotiations or such extension thereof that may be agreed by the parties, <br /> the parties are unable to reach agreement on amendments hereto, then <br /> this Use Agreement may be terminated by either party-Eac-I-pa ereby <br /> declares---that---it---would----ha-ve-en-tered---into--#his---1 Tse---Agreement--and----each <br /> • declared-illegalT valid-ror-unc©nstitutional. <br /> 11.4 Contacting Metricom. Metricom shall be available to the staff employees <br /> of any City department having jurisdiction over Metricom's activities <br /> twenty-four (24) hours a day, seven (7) days a week, regarding problems <br /> or complaints resulting from the attachment, installation, operation, <br /> maintenance, or removal of the Radios. The City may contact by <br /> telephone the network control center operator at telephone number <br /> (800) 873-3468 regarding such problems or complaints. <br /> 11.5 Governing Law;Jurisdiction. This Use Agreement shall be governed and <br /> construed by and in accordance with the laws of the State of [State of <br /> Municipal Entity], without reference to its conflicts of law principles. If <br /> suit is brought by a party to this Use Agreement, the parties agree that <br /> trial of such action shall be vested exclusively in the state courts of <br /> Minnesota, County of [Name of County], or in the United States District <br /> Court for the District of Minnesota. <br /> Right-of-Way Permit and Facility Use Agreement <br /> City of[Name of Municipality]::Metricom,Inc. <br /> Page 15 of 17 <br />