Agmt95 Metricom - Laserfiche WebLink

Browse Search

C. METRICOM shall pay to the CITY an annual fee (the "Annual Fee") in the amount of sixty dollars ($60.00) per pole or other structure for the use of each CITY pole or other structure upon which a RADIO REPEATER has been installed pursuant to this PERMIT AGREEMENT. The initial Annual fee shall be due and payable not later than the date of installation of the first RADIO REPEATER under this PERMIT AGREEMENT (the "Installation Date"), and shall equal the number of RADIO REPEATERS METRIC OM then estimates it will install during the succeeding twelve (12) months multiplied by the Rental Fee per pole. The Annual Fee for the subsequent year shall be due and payable not later than thirty (30) days following each anniversary of the Installation Date and shall equal the number of RADIO REPEATERS then installed under this PERMIT AGREEMENT multiplied by the Annual Fee per pole or other structure, adjusted for the Prior Year Adjustment, as described immediately below. The Prior Year Adjustment shall either increase or decrease a subsequent year's Annual Fee to account for the installation or removal of RADIO REPEATERS during the prior year, and shall equal the difference between (i) the number of RADIO REPEATERS used to calculate the prior year's Annual Fee multiplied by twelve (12), and (ii) the actual number of whole or partial months during which a RADIO REPEATER occupied space on a CITY pole or other structure during such year, multiplied by one-twelfth of the Annual Fee. As an alternative, at the beginning of any year under this AGREEMENT, as to such year, CITY may select one of the following options: (1) Notwithstanding the foregoing, in lieu of the Annual Fee, and solely with respect to the first fifty (50) RADIO REPEATERS installed (or RADIO REPEATERS installed in substitution for any such RADIO REPEATERS) by METRICOM, CITY shall be entitled to receive up to fifty (50) free subscriptions to use METRICOM's Ricochet SERVICES in the CITY for so long as METRIC OM maintains such RADIO REPEATERS in use on a CITY pole or other structure pursuant to this PERMIT AGREEMENT. METRIC OM shall provide such free subscriptions at such time as METRIC OM is providing commercial service in such area, provided that prior to such service date CITY shall not be entitled to receive the Annual Fee or other compensation in lieu thereof. METRIC OM shall pay the Annual Fee for each RADIO REPEATER installed under this Agreement as to which the CITY has not elected to exchange subscriptions as just described. CITY shall be required to purchase at its sole cost and expense any equipment required to use the Ricochet SERVICE. (2) Notwithstanding the foregoing, in lieu of the Annual Fee for up to fifty (50) RADIO REPEATERS installed by METRIC OM under this AGREEMENT, CITY shall be entitled to receive up to twenty (20) free subscriptions to use the SERVICES and the use of up to twenty (20) free modems. Such option may be exercised by CITY in increments of five (5) subscriptions and five (5) modems in lieu of Annual Fees for twelve (12) RADIO REPEATERS. CITY shall be entitled to receive the applicable number of free subscriptions and modems for so long as METRICOM maintains such RADIO REPEATERS in use in the CITY pursuant to this AGREEMENT. redwood3.doc 8 9/21195 · -..." r