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• 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement <br /> lead to litigation, the prevailing party shall be entitled to recover its costs <br /> of suit up to an amount of Five Thousand Dollars ($5,000.00), including <br /> (without limitation) reasonable attorneys' fees. <br /> 11.7 Consent Criteria. In any case where the approval or consent of one party <br /> hereto is required, requested or otherwise to be given under this Use <br /> Agreement, such party shall not unreasonably delay, condition, or <br /> withhold its approval or consent. <br /> 11.8 Representations and Warranties. Each of the parties to this Agreement <br /> represents and warrants that it has the full right, power, legal capacity, <br /> and authority to enter into and perform the parties' respective obligations <br /> hereunder and that such obligations shall be binding upon such party <br /> without the requirement of the approval or consent of any other person or <br /> entity in connection herewith, except as provided in § 3.2 above. <br /> 11.9 Amendment of Use Agreement. This Use Agreement may not be <br /> amended except pursuant to a written instrument signed by both parties. <br /> 11.10 Entire Agreement. This Use Agreement contains the entire understanding <br /> between the parties with respect to the subject matter herein. There are no <br /> • representations, agreements, or understandings (whether oral or written) <br /> between or among the parties relating to the subject matter of this Use <br /> Agreement which are not fully expressed herein. <br /> Right-of-Way Permit and Facility Use Agreement <br /> Gty of[Name of Municipality J::Metricom,Inc. <br /> Page 16 of 17 <br /> • <br />