Laserfiche WebLink
delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is <br />followed by delivery through the U. S. mail or by overnight delivery service as just <br />described, addressed as follows: <br />i f to the City: <br />CITY OF LA PORTE <br />Attn: City Secretary <br />604 West Fairmont Parkway <br />La Porte, TX 77572 <br />if to Metricom: <br />METRICOM, INC. <br />Attn: Property Manager <br />980 University Avenue <br />Los Gatos, CA 95032 <br />8.1 Date of Notices; Changing Notice Address. Notices shall be deemed <br />given upon receipt in the case of personal delivery, three (3) days after deposit in <br />the mail, or the next day in the case of facsimile, email, or overnight delivery. <br />Either party may from time to time designate any other address for this purpose <br />by written notice to the other party delivered in the manner set forth above. <br />9 TERMINATION. This Use Agreement may be terminated by either party upon forty <br />five (45) days' prior written notice to the other party upon a default of any material <br />covenant or term hereof by the other party, which default is not cured within forty-five <br />(45) days of receipt of written notice of default (or, if such default is not curable within <br />forty-five (45) days, if the defaulting party fails to commence such cure within forty-five <br />(45) days or fails thereafter diligently to prosecute such cure to completion), provided <br />that the grace period for any monetary default shall be ten (10) days from receipt of <br />notice. Except as expressly provided herein, the rights granted under this Use <br />Agreement are irrevocable during the term. <br />10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the <br />express written consent of the City, which consent shall not be unreasonably withheld, <br />conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and <br />obligations of Metricom hereunder to a parent, subsidiary, successor, or financially <br />viable affiliate shall not be deemed an assignment for the purposes of this Use <br />Agreement. <br />11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to <br />the obligations of the parties under this Use Agreement. <br />Right -of -Way Use Agreement <br />City of 1a Porte.: Metricom, Inc. <br />page 10of13 <br />In portel.doc t05masUrtnuMna1 J 4A6/1999 236 PM <br />