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1982-84 = 100) for the San Francisco - Oakland - San Jose Metropolitan Statistical Area which occurred during the previous five (5) -year period. c. To add a new Part III, Section 1, Subsections D and E reading in full as follows: D. As additional compensation for this Agreement, Metricom shall pay to City, on an annual basis, an amount equal to five percent (5%) of Metric om's Gross Revenues (as defined in subsection (ii) below) which amount will be collected from subscribers of the Services with billing addresses within the incorporated limits of City and remitted to City as provided herein. The compensation required by this section shall be due on or before the 45th day after the end of each calendar year, or fraction thereof. Within forty-five (45) days after the termination of this Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to City with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. IfMetricom discovers that it has failed to pay the entire or correct amount of compensation due, City shall be paid by Metricom within fifteen (15) days of discovery of the error or determination of the correct amount. Any overpayment to City through error or otherwise shall be offset against the next payment due from Metricom. Acceptance by City of any payment due under this section shall not be deemed to be a waiver by City of any breach of this Agreement occurring prior thereto, nor shall the acceptance by City of any such payments preclude City from later establishing that a larger amount was actually due, or from collecting any balance due to City. E. "Gross Revenues" means the gross dollar amount accrued on Metricom's books for Services to its customers with billing addresses within the incorporated limits of City, excluding only (A) the franchise fee required by this section, and (B) local, state, or federal taxes collected by Metricom that have been billed to the subscriber and separately stated on such bill. In addition, Metricom shall be entitled to a franchise fee credit for amounts that had been included in Gross Revenues for a prior year which Metricom writes off as a bad debt in a subsequent year in accordance with generally accepted accounting principles; provided however that notwithstanding that Metricom has written off a debt as bad, if the amount is subsequently collected, Metricom shall include the collected amount in Gross Revenues in the year received. d. To add a new Part VI, Section 11 reading in full as follows: ROW\CA \REDWOODC\FIRST AME.DOC 11/15/96 T