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PART I - GENERAL Section 1. PERMIT The CITY grants to METRICOM insofar as it legally may, a revocable, non-exclusive permit, and right to mount, install, repair, maintain, reattach, relocate, reinstall and replace RADIO REPEATERS on certain street light poles and traffic signal structures located within public rights of way throughout the CITY. A. During the term of this PERMIT AGREEMENT, and subject to the terms and conditions hereafter set forth, METRICOM is authorized to mount, install, operate, repair, maintain, reattach, relocate, reinstall and replace at METRlCOM's sole cost and expense, the Ricochet MCDN Poletop Radios (the "RADIO REPEATERS") more particularly identified on EXHIBIT "B" attached hereto and incorporated fully herein by this reference, or such other comparable equipment if METRIC OM first obtains the approval of the City Engineer for the use and installation of that other comparable equipment, on certain street light poles and traffic signal structures located within public rights of way throughout the CITY in accordance with the PLANS AND SPECIFICA nONS and the SCHEDULE OF PERFORMANCE in order to provide the SERVICES to CITY and persons located within the boundaries of CITY. METRICOM shall not mount, install, operate, repair, maintain, reattach, relocate, reinstall or replace any RADIO REPEATER on any property of CITY, except as expressly authorized by and in strict compliance with this AGREEMENT. If METRIC OM intends to provide any service other than the SERVICES specifically described on EXHIBIT A with the RADIO REPEATERS, METRIC OM shall immediately notify CITY in writing of this intended additional service or change in service. CITY may either (I) accept the proposed additional service or change in service on such terms and conditions as the parties find mutually agreeable in which case EXHIBIT A, or (ii) require that the SERVICES not be changed but rather continue to be provided as contemplated in the then current version of the EXHIBIT A. The parties shall negotiate in good faith the terms and conditions under which METRIC OM shall be permitted to offer the proposed additional service or change in service. B. Notwithstanding PART I, SUBSECTION lA, METRIC OM understands and acknowledges that CITY may require METRIC OM to remove or relocate, and METRICOM shall, at CITY's direction, remove or relocate immediately upon a request from CITY in situations described in subsections (2) and (3) below and upon five (5) business days' prior written notice in all others at METRICOM's sole cost and expense, a RADIO REPEATER whenever CITY determines that the removal or relocation is needed: (1) for the construction, completion, repair, relocation or maintenance of a CITY project, (2) because the RADIO REPEATER is interfering with or adversely affecting proper operation of CITY light poles, traffic signals or other CITY facilities, or (3) to protect or preserve the public health, safety, welfare or interest. redwood3.doc 2 9121/95 · r