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3.4 Compliance with Laws. Metricom shall comply with all applicable Laws <br /> in the exercise and performance of its rights and obligations under this <br /> Use Agreement. The Right-of-Way Management Reimbursement <br /> provided for in§4.1 below shall be in lieu of all other City fees, with the <br /> exception of any City permits required for the initial installation of the <br /> Radios. City shall promptly respond to Metricom-s filings and shall <br /> otherwise cooperate with Metricom in facilitating the deployment o <br /> Ricochet@ in the Public Right of Way in a reasonable and timely manner. <br /> 3.5 Location and Installation of Radios. The proposed locations of Metricom'! <br /> planned initial installation of Radios shall be determined, subject to th( <br /> reasonable prior review and approval of the City, promptly after <br /> Metricom s review of available street light maps and prior to deploymeni <br /> of-the Radios. Upon the completion of installation, Metricom promptly <br /> shall furnish to the City a pole list showing the exact location of the Radios <br /> in the Public Right of Way. <br /> COMPENSATION; UTILITY CHARGES. Metricom shall be solely responsible for the <br /> payment of all lawful Fees in connection with Metricom-s performance under this Use <br /> Agreement, in accordance with the terms set forth below. <br /> 4.1 Right-of-Way Management Reimbursement In order to reimburse City for <br /> any right-of-way management costs it may incur during the term of this <br /> Use Agreement following the initial deployment of the Radios in <br /> connection with Metricom's entry upon and deployment within the Public <br /> Right of Way, Metricom shal! pay to the City, on an annual basis, an <br /> amount equal to one percent (1%) of Adjusted Gross Revenues (the "Right- <br /> of-Way Management Reimbursement"), which amount may be collected <br /> from subscribers of the Services with billing addresses in the City and <br /> remitted to City as provided herein. The parties agree that such <br /> Right-of-Way Management Reimbursement represents a fair estimate of the <br /> _costs of continuing management of the Public Right of Way utilized by <br /> Metricom and that such Right-of-Way Management Reimbursement is not a <br /> franchise fee or payment for use of the Public Right of Way. The <br /> Right-of-Way Management Reimbursement shall be payable for the period <br /> commencing upon the date that Services are offered to commercially paying <br /> subscribers within the City using Radios installed pursuant to this Use <br /> Agreement and ending on the date of termination of this Use Agreement, <br /> and shall be due on or before the 45th day after the end of each calendar year <br /> Right-of- Way Permit and Facility Use Agreement <br /> i ty of Rase ville-. Metricom,Inc. <br /> Page 5 of 16 <br />