Agmt95 Metricom - Laserfiche WebLink

Browse Search

METRIC OM shall provide such free subscriptions and equipment 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 CITY has not elected to exchange subscriptions and modems as just described. CITY shall be required to return to METRIC OM any equipment provided to CITY promptly upon termination of any free subscription. Section 2. UTILITY USERS' TAX: FRANCHISE FEES. A. METRIC OM acknowledges and agrees that CITY may require users of communications services such as the SERVICES provided by METRIC OM to pay to CITY a utility users' tax as may be adopted by CITY, as the same may be amended from time to time. If CITY determines that communications services such as the SERVICES provided by METRlCOM are subject to CITY's utility users' tax as may be adopted by CITY, METRIC OM agrees to collect from the users of its SERVICES and remit to CITY utility users' tax, all in compliance with the applicable terms and requirements set forth in the applicable provisions of the CITY Municipal Code. B. Notwithstanding any other provision of this AGREEMENT, METRIC OM acknowledges and agrees that CITY may enact legislation requiring providers of communications services such as METRIC OM to pay to CITY a franchise or other fee to compensate CITY fairly for the use of CITY's public rights of way with respect to the communications services provided therein or thereon. METRICOM hereby agrees that METRIC OM's use of CITY's public rights of way shall be subject to any such franchise or other fee legislation enacted by CITY, and METRIC OM agrees to collect from the users of its SERVICES and remit to CITY any such franchise or other fees, all in compliance with the applicable terms and requirements set forth in the applicable provisions of the CITY Municipal Code. CITY recognizes METRICOM's concern that its competitors be treated similarly with regard to any such franchise or other fees to access similar CITY facilities. CITY will make a reasonable effort to assure that such charges are equivalent, subject to allowances for the nature of CITY property utilized, the market demand for such use of such facilities, and the CITY's legal authority to impose such charges. PART IV - INDEMNIFICATION Section 1. INDEMNIFICATION. METRIC OM shall protect, defend, indemnify and hold harmless CITY, its Council, officers, employees and agents against any claim, loss or liability, damage and expense (including attorney's fees) arising out of or resulting in any way from work performed under this AGREEMENT, including claims, loss, liability, damage and expense (including attorney's redwood3.doc 9 9/21195 · .¡.