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imposed by any governmental body (but excluding any utility users' tax,
<br />franchise fees, telecommunications tax, or similar tax or fee).
<br />1.3 Gross Revenues. "Gross Revenues" means the gross dollar amount,
<br />accrued on Metricom s books for Services provided to its customers with billing
<br />addresses in the City, excluding (i) the Right -of -Way Fee, if any, payable
<br />pursuant to § 4 et seq. below and any utility users' tax, telecommunications tax,
<br />franchise fees, or similar tax or fee; (ii) local, state, or federal taxes collected by
<br />Metricom that have been billed to the subscribers and separately stated on
<br />subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e., bad debts)
<br />with billing addresses in the City that was previously included in Gross
<br />Revenues.
<br />1.4 Installation Date. "Installation Date" shall mean the date that the first
<br />Radio is installed by Metricom pursuant to this Use Agreement.
<br />1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances,
<br />resolutions, regulations, judicial decisions, rules, tariffs, administrative orders,
<br />certificates, orders, or other requirements of the City or other governmental
<br />agency having joint or several jurisdiction over the parties to this Use
<br />Agreement, in effect either as of the Effective Date or at any time during the
<br />presence of Radios in the Municipal Right of Way.
<br />1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly
<br />organized and existing under the laws of the State of Delaware, and its lawful
<br />successors, assigns, and transferees.
<br />1.7 Municipal Access Program. "Municipal Access Program" means the
<br />discount program described in § 4.3 below.
<br />1.8 Municipal Facilities. "Municipal Facilities" means City -owned street
<br />light poles, lighting fixtures, electroliers, or other City -owned structures located
<br />within the Municipal Right of Way and may refer to such facilities in the singular
<br />or plural, as appropriate to the context in which used.
<br />1.9 Municipal Right of Way. "Municipal Right of Way" means the space in,
<br />upon, above (to the height of any Municipal Facilities), along, across, and over
<br />the public streets, roads, lanes, courts, ways, alleys, boulevards, and places,
<br />including all public utility easements and public service easements as the same
<br />now or may hereafter exist, that are under the jurisdiction of the City. This term
<br />shall not include county, state, or federal rights of way or any property owned by
<br />any Person or Agency other than the City, except as provided by applicable Laws
<br />or pursuant to an agreement between the City and any such Person or Agency.
<br />Right -of -Why Use Agreement
<br />City of In Porte:: Met,icorn, Inc.
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