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<br />deemed to grant, convey, create, or vest in Metricom a real property interest in land,
<br />including any fee, leasehold interest, or easement. Any work performed pursuant to
<br />the rights granted under this Use Agreement may, at the City's option, be subject to the
<br />reasonable prior review and approval of the City.
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<br />3.1 Attachment to Municipal Facilities. The City hereby authorizes and
<br />permits Metricom t<:> enter upon the Municipal Right of Way and to locate, place,
<br />attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace
<br />Radios in or on Municipal Facilities for the purposes of operating Ricochet<ID and
<br />providing Services to Persons located within or without the limits of the City. In
<br />addition, subject to the provisions of ~ 4 below, Metricom shall have the right to'
<br />draw electricity for the operation of the Radios from the power source associated
<br />with each such attachment to Municipal Facilities.
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<br />3.2 Attachment to Third-Party Property. Subject to obtaining the permission
<br />of the owner(s) of the affected property, the City hereby authorizes and permits
<br />Metricom to enter upon the Municipal Right of Way and to attach, install,
<br />operate, maintain, remove, reattach, reinstall, relocate, and replace such number
<br />of Radios in or on poles or other structures owned by public utility companies or
<br />other property owners located within the Municipal Right of Way as may be
<br />permitted by the public utility company or property owner, as the case may be.
<br />Upon request, Metricom shall furnish to the City documentation of such
<br />permission from the individual utility or property own~r responsible. City
<br />agrees to cooperate with Metricom, at no cost or expense to City, in obtaining
<br />where necessary the consents of third-party owners of property located in the
<br />Municipal Right of Way.
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<br />3.3 No Interference. Metricom in the performance and exercise of its rights
<br />and obligations under this Use Agreement shall not interfere in any manner with
<br />the existence and operation of any and all public and private rights of way,
<br />sanitary sewers, water mains, storm drains, gas mains, poles, cerial and
<br />underground electrical and telephone wires, electroliers, cable television, and
<br />other telecommunications, service provider, utility, or municipal property,
<br />without the express written approval of the owner or owners of the affected
<br />property or properties, except as permitted by applicable Laws or this Use
<br />Agreement. City agrees to require the inclusion of the same prohibition on
<br />interference as that stated above in all agreements and franchises City may enter
<br />into after the Effective Date with other telecommunications providers and
<br />carriers.
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<br />Right-of-Way Use Agreement
<br />City a/La Porte:: Metricom, Inc.
<br />page 4 0/13
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<br />5/Z1/199912:43 PM
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<br />la porte2.doc [05mas28raw98ua1]
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