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• <br />• <br />11.7 Exhibits. All exhibits referred to in this Use Agreement and any addenda, <br />attachments, and schedules which may from time to time be referred to in any <br />duly executed amendment to this Use Agreement are by such reference <br />incorporated in this Use Agreement and shall be deemed a part of this Use <br />Agreement. <br />11.8 Successors and Assigns. This Use Agreement is binding upon the <br />successors and assigns of the parties hereto. <br />11.9 Advice of Displacement. To the extent the City has actual knowledge <br />thereof, the City will attempt promptly to inform Metricom of the displacement <br />or removal of any pole on which any Radio is located. <br />11.10 Consent Criteria. In any case where the approval or consent of one party <br />hereto is required, requested or otherwise to be given under this Use Agreement, <br />such party shall not unreasonably delay, condition, or withhold its approval or <br />consent. <br />11.11 Waiver of Breach. The waiver by either party of any breach or violation <br />of any Provision of this Use Agreement shall not be deemed to be a waiver or a <br />continuing waiver of any subsequent breach or violation of the same or any other <br />Provision of this Use Agreement. <br />11.12 Representations and Warranties. Each of the parties to this Agreement <br />represents and warrants that it has the full right, power, legal capacity, and <br />authority to enter into and perform the parties' respective obligations hereunder <br />and that such obligations shall be binding upon such party without the <br />requirement of the approval or consent of any other person' or entity in <br />connection herewith, except as provided in § 3.2 above. In addition, City <br />specifically represents and covenants that City owns all Municipal Facilities for <br />the use of which it is collecting from Metricom the Annual Fee pursuant to § 4.1 <br />above. <br />11.13 Entire Agreement. This Use Agreement contains the entire <br />understanding between the parties with respect to the subject matter herein. <br />There are no representations, agreements, or understandings (whether oral or <br />written) between or among the parties relating to the subject matter of this Use <br />Agreement which are not fully expressed herein. <br />Right -of -Way Use Agreement <br />City of La Porte:: Metrimn. Inc. <br />page 12 of 13 <br />In portel.doc [05rnas28roruMal J 4/7611999 236 PM <br />