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30 <br /> • ST. ANTHONY <br /> Right-of-Way Permit and Facility Use <br /> Agreement <br /> HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of <br /> 2000 (the "Effective Date"), and entered into by and <br /> between the CITY OF ST. ANTHONY, a Minnesota local government unit (the <br /> "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). <br /> Recitals <br /> A. Metricom owns, maintains, and operates, in accordance with regulations <br /> promulgated by the Federal Communications Commission, a mobile digital data <br /> communications radio network known as Ricochet®, utilizing Radios (as defined in <br /> § 1.10 below) and related equipment certified by the Federal Comm unications <br /> Commission. <br /> B. For purpose of operating Ricochet®, Metricom wishes to locate, place, <br /> .attach, install, operate, and maintain Radios in the Public Right of Way (as defined in <br /> § 1.9 below) on facilities owned by the City,. as well as on facilities owned by third <br /> parties therein. <br /> Agreement <br /> NOW , therefore, for good and valuable consideration, the receipt and <br /> sufficiency of which are hereby acknowledged, the parties agree to the following <br /> covenants, terms, and conditions: <br /> 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this <br /> Use Agreement: <br /> 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross <br /> dollar amount received by Metricom for'its Services (as defined in § 1.11 <br /> below) provided to subscribers with billing addresses in the City, <br /> excluding (i) any utility users' tax, communications tax, or similar tax or <br /> fee; (ii) local, state, or federal taxes that have been billed to the subscribers <br /> and separately stated on subscribers' bills; and (iii) revenue uncollectible <br /> from subscribers (i.e., bad debts) with billing addresses in the City that <br /> was previously included in Adjusted Gross Revenues. <br /> • Right-of-Wa v Permit and Facility Use Agreement <br /> City of St.Anthony::Metricom Inc. <br /> Page 1 of 15 <br />