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property that CITY determines has been damaged, destroyed, defaced or otherwise injured as a result of the work performed or SERVICES provided by METRIC OM under this AGREEMENT. F. If, during the course of the PROJECT, the ENGINEER determines that the public health, safety or welfare requires a modification of or a departure from the PLANS AND SPECIFICATIONS or SCHEDULE OF PERFORMANCE, the ENGINEER shall have the authority to identify, specify and delineate the modification or departure required, and METRICOM shall perform the work allowed under this AGREEMENT in accordance with the CITY -specified modification or departure. The ENGINEER shall provide METRIC OM with a written description of the required modification or departure, and the time within which METRICOM shall make, complete or maintain the modification or departure required. G. METRIC OM shall notify property owners within one hundred feet of a work site in writing at least forty-eight (48) hours prior to the commencement of any work under this AGREEMENT of work that can be reasonably anticipated to adversely affect the quiet enjoyment of their property, in the opinion of the ENGINEER. H. METRIC OM acknowledges that CITY has made no warranties or representations regarding the fitness or suitability of any of CITY's property for the installation of the RADIO REPEATERS or for this PROJECT and, except as otherwise specifically provided herein, that any performance of work or costs incurred by METRIC OM or provision of SERVICES contemplated under this AGREEMENT by METRIC OM is at METRICOM's sole risk. PART III - PERMITS. FEES AND DEPOSITS Section 1. PERMITS. FEES AND DEPOSITS. In connection with the work to be performed by METRICOM under this AGREEMENT: A. METRIC OM shall obtain all applicable permits as are required by CITY to perform the work of the PROJECT described in this AGREEMENT, which permits are more particularly described on EXHIBIT "D," entitled, "PERMITS AND FEES," attached hereto and incorporated fully herein by this reference, and shall comply with all of the terms and conditions set forth in these permits, including, without limitation, allowing CITY personnel to inspect the installation of the RADIO REPEATERS on CITY property. B. METRICOM shall timely pay to CITY all applicable deposit fees, permit fees and other fees or amounts required to be paid by METRICOM to CITY in connection with obtaining permits or performing work under this AGREEMENT, including without limitation the fees referenced on EXHIBIT "D," and as required by any federal, state or local law, statute, ordinance, rule or regulation. redwood3.doc 7 9/21/95 · .~ I