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FIRST AMENDMENT TO NON-EXCLUSIVE PERMIT AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND METRICOM, INe. THIS FIRST AMENDMENT TO NON-EXCLUSIVE PERMIT AGREEMENT BETWEEN THE CITY OF REDWOOD CITY A1\TD METRICOM, INe. (this "First Amendment") is made and entered on this _ day of , 1996, by and between the City of Redwood City, a municipal corporation ("City") and Metricom, Inc., a Delaware corporation ("Metricom"). RECITALS A. City and Metricom entered into that certain Non-Exclusive Permit Agreement between the City of Redwood City and Metricom, Inc. dated January 15, 1996, (the "Agreement") wherein Metricom acquired the right to place Radio Repeaters on certain streetlight poles and traffic stmctures located within public rights of way throughout the City in order to provide Services within and without the limits of the City. B. The parties, by this First Amendment, desire to amend the Agreement as more particularly set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Amendment. The Agreement is hereby amended as follows: a. To delete Part I, Section 2, "Term of Agreement", in its entirety and replace it with the following: SECTION 2. TERM OF AGREEMENT. The initial term of this Agreement (the "Initial Term") shall be for a period often (10) years commencing September 25, 1996 (the "Commencement Date") and terminating September 24,2006. Upon expiration of the Initial Term, this Agreement may be renewed upon the mutual agreement of the parties. The City's agreement to renew shall be evidenced by a resolution authorizing the Agreement's renewal. b. To add a new paragraph after the first paragraph of Part III, Section 1 C reading in full as follows: The Annual Fee shall be increased effective the fifth anniversary ofthe Commencement Date based upon the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, All Items, (Base ROW\CA \REDWOODC\FIRST AME.DOC 11/15/96 ...-.