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have the right, but not the duty, to remove, or relocate any Radio Repeater at METRICOM's sole cost and expense. Section 2. TERM OF AGREEMENT. The term of this AGREEMENT shall be for a period of one (1) year, commencing on the date of approval of this Permit by the CITY City Council, subject to the provisions of PART I, SECTION 3 of this AGREEMENT. This AGREEMENT may be extended for one (1) year by mutual agreement of the parties and evidenced by motion duly made and carried by the CITY City Council. Section 3. TERMINATION. A. This AGREEMENT may be terminated by either party upon thirty (30) days' prior written notice to the other party upon a default of any material covenant, term or condition hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default (or, if such default is not curable within thirty (30) days, if the defaulting party fails to commence such cure within thirty (30) days and/or fails to thereafter diligently prosecute such cure to completion), provided that the grace period for any monetary default is ten (10) days from receipt of notice. B. The COMMUNITY DEVELOPMENT DIRECTOR is empowered to terminate this AGREEMENT and issue the notices provided for in this SECTION on behalf of CITY. C. In the event of termination, METRIC OM shall immediately cease all work being performed under this AGREEMENT, excepting only that work necessary for METRIC OM to remove all RADIO REPEATERS and leave all work site areas in a clean and safe condition and in accordance with PART 1, SECTION 1. Termination of this AGREEMENT by CITY shall constitute the withdrawal of any consent or authorization of CITY for METRIC OM to perform any construction or other work under this AGREEMENT in the public right-of- way or on public property, excepting only that work necessary for METRIC OM to remove all RADIO REPEATERS and leave all work site areas in a clean and safe condition and in accordance with PART 1, SECTION I. Section 4. GOVERNING LAW. CITY and METRIC OM agree that the law governing this AGREEMENT shall be that of the State of California. Section 5. COMPLIANCE WITH LAWS. redwood3.doc 4 9121/95 · r