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.. .' e e cO....,... ..y,. .. ~. . ~ : LA PORTE 1Rtg.1}t-nf-may BSt l\grttmtnt m IDS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of , , 1999, (the "Effective Date"), and entered into by and between the CITY OF LA PORTE, a Texas municipal corporation (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). i&etita15 A. Metricom is in the business of constructing, maintaining, and operating a wireless digital data communications radio network known as Ricochet<ID, a netWork operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in ~ 1.13 below) and related equipment certified by the Federal Communications Commission. B. Subject to reasonable municipal regulations concerning the time, location, manner of attachment, installation, and maintenance of its facilities, Metricom has the right under federal and Texas law to install facilities in municipal public ways. C. Metricom wishes to locate, place, attach, install, operate, and maintain Radios on facilities owned by the City, as well as facilities owned by third parties, located in the Municipal Right of Way for purposes of operating Ricochet<ID. Agrtttlltnt Nnm, tlt.er.efnr.e, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Agency. "Agency" means any governmental or quasi-governmental agency other than the City, including the Federal Communications Commission and the PUC (as such term is defined in ~ 1.12 below). 1.2 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to Persons doing business in the City lawfully Rigllt-of-Way Use Agreement City of LA Porle :: Metricom, Inc. page 1 of13 /a porle2.doc [05mas28raw98ua1] 5/1.1/1999 12:43 PM