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<br /> SECTION 11. USE OF THIRD PARTY POLES. <br /> A. During the term of this Permit Agreement, Metricom is authorized to mount, <br /> install, operate, maintain, reattach, reinstall, relocate, and replace the Radio <br /> Repeaters on poles or other structures owned by public utility companies or other <br /> property owners, including without limitation, Pacific Gas and Electric Company <br /> ("PG&E"), located within the public rights of way throughout City as might be <br /> permitted by the owner of the property. Metricom shall furnish to the City <br /> documentation of said permission from the owner of the property. <br /> B. IfMetricom in performing under this Agreement obtains the permission of <br /> PG&E for Metricom to attach its Radios to PG&E's poles or other property, <br /> which poles or property are located within the public rights of way throughout <br /> City, City agrees not to use such PG&E permission to Metricom, or activities <br /> pursuant to the Agreement, as a basis to challenge PG&E's franchise rights from <br /> City, or as a reason for changing the amount ofPG&E's payments under that <br /> franchise to City. <br /> 2. Remaining Terms. Except as specifically set forth in this First Amendment, <br /> the remainder ofthe terms and conditions of the Agreement are unchanged by this First <br /> Amendment and shall remain in full force and effect. <br /> IN WITNESS WHEREOF, the parties have executed this First Amendment on the <br /> day and year first above written. <br /> APPROVED AS TO FORM: "CITY" <br /> CITY OF REDWOOD CITY <br /> /ftv~ By: ~ <br /> City Attorney <br /> City anager <br /> "METRIC OM" <br /> Metricom, Inc., a Delaware corporation <br /> By: {-{=~ <br /> Director of Right of Way <br /> ROW\CA \REDWOODC\FIRST AME.DOC <br /> 11/15/96 <br /> ".... <br />