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8 NOTICEs. All notices which shall or may be given pursuant to this Use Agreement <br /> shall be in writing and delivered personally or transmitted (a) through the United <br /> States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid <br /> overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of <br /> the same is followed by delivery through the U. S. mail or by overnight delivery <br /> service as just described, addressed as follows: <br /> if to the Gty.- <br /> CITY OF ST. ANTHONY <br /> Attn: City Manager <br /> 3301 Silver Lake Road NE <br /> St. Anthony, MN 55418-1603 <br /> if to Metricom: <br /> METRICOM, INC. <br /> Attn: Network Real Estate <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 <br /> deposit in the mail, or the next business day in the case of facsimile, email, <br /> or overnight delivery. Either party may from time to time designate any <br /> other address for this purpose by written notice to the other party <br /> 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 <br /> forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), <br /> provided that the grace period for any monetary default shall be ten (10) days from <br /> receipt of notice. Except as expressly provided herein, the rights granted under this <br /> Use 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, , or financially viable <br /> affiliate of Metricom or to any successor-in-interest or entity acquiring all or <br /> Right-of-Wj V Permit and Facility Use Agreement <br /> City of St.Anthony::Metricom,Inc. <br /> Page 12 of 15 <br />