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06/07/00 WED 14:50 FAX 6123402644 DORSEY & WHITNEY <br /> 20 <br /> • - DORSEY & WHITNEY LLP <br /> Spencer Isom <br /> June 7,2000 <br /> Page 2 . <br /> 2. In Section 3.3,the last sentence(prior to Section 3.3.1)would require the City to use <br /> reasonable efforts to include provisions in all agreements and franchises the City may enter into. I <br /> would recommend that this sentence be deleted. <br /> 3. Section 4.1 provides for a fee of 1%of Adjusted Gross Revenues to be paid to the City <br /> with respect to those revenues from subscribers within the City. 1 think you should have Metricom <br /> provide you with the fee rates to be paid to the various other cities to make sure that St. Anthony is <br /> getting a rate equal to those other cities. <br /> 4. Under Section 4.4, you are entitled to be reimbursed for attorneys' fees with respect to <br /> review of this agreement up to $1,000. I will'provide separate billing on this so that you can get such <br /> reimbursement. <br /> 5. Under Section 4.5,the City of St.Anthony would have up to 10 free subscriptions for its <br /> own City use. <br /> 6. Throughout the agreement St Anthony is referred to as the Village of St. Anthony. <br /> Although that term is often used for St.Anthony,in a legal document such as this we should use City of. <br /> St. Anthony. <br /> If you have any other questions or comments on the agreement, please let me know. If not,the <br /> matter can be put on the agenda for consideration by the Council. <br /> truly yours, <br /> William R. Soth <br /> WRS/ms <br /> • <br />