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<br /> ORIGINAL <br /> FIRST AMENDMENT TO NON-EXCLUSIVE PERMIT AGREEMENT BETWEEN <br /> THE CITY OF REDWOOD CITY AND METRIC OM, INe. <br /> THIS FIRST AMENDMENT TO NON-EXCLUSIVE PERMIT AGREEMENT <br /> BETWEEN THE CITY OF REDWOOD CITY AND ME RlCOM, INlf;ithis "First <br /> Amendment") is made and entered on this ~ day of .¿ 6... 199') and between <br /> the City of Redwood City, a municipal corporation ("City") and etricom, Inc., a <br /> Delaware corporation ("Metricom"). <br /> RECITALS <br /> A. City and Metricom entered into that certain Non-Exclusive Permit Agreement <br /> between the City of Redwood City and Metricom, Inc. dated January 15, 1996, (the <br /> "Agreement") wherein Metricom acquired the right to place Radio Repeaters on certain <br /> streetlight poles and traffic structures located within public rights of way throughout the <br /> City in order to provide Services within and without the limits of the City. <br /> B. The parties, by this First Amendment, desire to amend the Agreement as more <br /> particularly set forth below. <br /> NOW, THEREFORE, for good and valuable consideration, the receipt and <br /> sufficiency of which is hereby acknowledged, the parties agree as follows: <br /> 1. Amendment. The Agreement is hereby amended as follows: <br /> a. To delete Part I, Section 2, "Term of Agreement", in its entirety and replace it <br /> with the following: <br /> SECTION 2. TERM OF AGREEMENT. <br /> The initial term of this Agreement (the "Initial Term") shall be for a period often <br /> (10) years commencing September 25, 1996 (the "Commencement Date") and <br /> terminating September 24,2006. Upon expiration of the Initial Term, this Agreement <br /> may be renewed upon the mutual agreement of the parties. The City's agreement to <br /> renew shall be evidenced by a resolution authorizing the Agreement's renewal. <br /> b. To add a new paragraph after the first paragraph of Part III, Section I C reading <br /> in full as follows: <br /> The Annual Fee shall be increased effective the fifth anniversary of the <br /> Commencement Date based upon the percentage change in the U.S. Department <br /> of Labor, Bureau of Labor Statistics, Consumer Price Index, All Items, (Base <br /> ROW\CA \REDWOODC\FIRST AME.DOC <br /> 11/15/96 <br /> r <br />