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<br />-"- ORIGINAL <br /> NON-EXCLUSIVE PERMIT AGREEMENT <br /> BETWEEN <br /> THE CITY OF REDWOOD CITY <br /> AND <br /> METRICOM, INC. <br /> If @ <br /> This NON-EXCLUSIVE PERMIT AGREEMENT is made and entered into this ~ day <br />~U()Of"CLVbC'19~ ';~the "Execution Dare"), by and between the CITY OF REDWOOD CITY, a <br />() , municipal corporation (hereinafter, "CITY"), and METRICOM, INC., a Delaware corporation <br />(hereinafter, "METRICOM"). <br /> RECITALS <br /> WHEREAS, effective June 21, 1994, the Federal Communications Commission ("FCC") <br />issued to METRIC OM nontransferable Grants of Equipment Authorization, FCC Identifier <br />GNW21000, File No. 31010ÆQU 4-3-2 (the "FCC EQUIPMENT GRANTS"), for certain micro <br />cellular data network radios and other related equipment, making it possible for METRICOM to <br />utilize a spread spectrum, asynchronous frequency hopping technology to transmit data on <br />randomly selected channels throughout the unlicensed 902-928 Mhz band of the radio spectrum; <br />and <br /> WHEREAS, the FCC EQUIPMENT GRANTS enable METRICOM to provide certain <br />wireless data communications services (the "SERVICES") more particularly described on <br />EXHIBIT "A," attached hereto and incorporated fully herein by this reference; and <br /> WHEREAS, METRIC OM desires to provide its SERVICES in the CITY and, in order to <br />do so, desires to mount, install, operate and maintain certain of its equipment throughout the CITY <br />on certain street light poles, traffic signal structures, and buildings owned by CITY (the <br />"PROJECT"), all in accordance with the terms, provisions and conditions contained in this <br />AGREEMENT; and <br /> WHEREAS, CITY desires to have the SERVICES provided by METRIC OM available for <br />use by CITY and its citizens in accordance with the terms, provisions and conditions contained in <br />this AGREEMENT. <br /> WHEREAS, the CITY and METRIC OM understand and agree that use of the CITY's <br />facilities and/or right-of-way for the above stated purposes would constitute a privilege not <br />authorized or allowed absent this AGREEMENT; and that this AGREEMENT sets the conditions <br />and terms of the permit so issued. <br /> ! NOW, THEREFORE, for good and valuable consideration, the sufficiency and receipt of <br />which are hereby acknowledged, the parties hereby agree as follows: <br />redwood3.doc 1 <br />9/21/95 · <br /> .?"""".,, <br /> I <br />