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unless an alternative is mutually agreed upon, the records shall be available at METRIC OM's address indicated for receipt of notices in this AGREEMENT. D. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of METRICOM's business, CITY may, by written request by any of the above-named officers, require that custody of the records be given to CITY and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by METRICOM, METRIC OM's representatives, or METRIC OM's successor-in-interest. Section 6. CONFLICT OF INTEREST. METRIC OM shall avoid all conflict of interest or the appearance of conflict of interest in the performance of this AGREEMENT. Section 7. RESERVATION OF RIGHTS. METRICOM understands, acknowledges and agrees that any and all authorizations granted to METRICOM under this AGREEMENT are nonexclusive and shall remain subject to all prior and continuing regulatory and proprietary rights and powers of CITY to regulate, govern and use CITY property and CITY's public rights of way, as well as any existing encumbrances, deeds, covenants, restrictions, easements, dedications and other claims of title that may affect CITY property and CITY's public rights of way; provided, however that CITY agrees to obtain in writing from any future telecommunication user covenants that subsequent to the installation by METRIC OM of a RADIO REPEATER on a CITY pole or other structure in accordance with the terms and conditions of this AGREEMENT, (i) such new user shall not install new equipment on the pole or other structure if such equipment causes interference with METRlCOM's operations and (ii) that in the event such interference occurs, such user agrees to immediately take all steps necessary to eliminate such interference. CITY and METRIC OM agree that nothing contained in or contemplated by this AGREEMENT is intended to confer, convey, create or grant to METRIC OM any perpetual real property interest in any CITY property or in any of CITY's public rights of way. SECTION 8. MOST FAVORED .JURISDICTION. Should METRIC OM enter into a similar agreement with another jurisdiction containing financial benefits for the jurisdiction which are substantially superior to those in this PERMIT AGREEMENT, METRIC OM and City, at City's option, shall modify this PERMIT AGREEMENT to'incorporate the same or similar benefits. METRICOM shall notify City, in writing, within thirty (30) days of any superior changes with other jurisdictions. SECTION 8. NOTICES. Except as otherwise expressly set forth in this PERMIT AGREEMENT, all notices redwood3.doc 12 9/21/95 · .,.- I