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r ceipt of notice. Except as expressly provided herein, the rights granted under this <br /> se Agreement are irrevocable during the term. <br /> 10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the <br /> express written consent of the City, which consent shall not be unreasonably withheld, <br /> conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and <br /> obligations of Metricom hereunder to a parent, subsidiary, , or financially viable <br /> affiliate of Metricom or to any successor-in-interest or entity acquiring all or <br /> substantially all of Metricom-s outstanding voting stock or assets shall not be deemed <br /> an assignment for the purposes of this Use Agreement. <br /> 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to <br /> the obligations of the parties under this Use Agreement. <br /> 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does <br /> not provide Metricom with exclusive use of the Public Right of Way or <br /> any Municipal Facility and that City shall have the right to permit other <br /> providers of communications services to install equipment or devices in <br /> the Public Right of Way and on Municipal Facilities. City agrees promptly <br /> to notify Metricom of the receipt of a proposal for the installation of <br /> communications equipment or devices in the Public Right of Way or on <br /> Municipal Facilities. In addition, City agrees to advise other providers of <br /> communications services of the presence or planned deployment of the <br /> Radios in the Public Right of Way and/or on Municipal Facilities. <br /> 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 /> gp g g <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 /> 6►yit-of- Way Permit and Facility Use Agreement <br /> City of Rose wille :: Metricom, Inc. <br /> Page 14 of 16 <br />