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1.2 City. "City" means the City of St. Anthony.
<br /> 1.3 Fee. "Fee" means anv assessment, license, charge, fee, imposition, tax, or
<br /> levy of general application to entities doing business in the City lawfully
<br /> imposed by any governmental body (but excluding any utility users' tax,
<br /> franchise fees, communications tax, or similar tax or fee).
<br /> 1.4 Installation Date. "Installation Date" shall mean the date that the first
<br /> Radio is installed by Metricom pursuant to this Use Agreement.
<br /> 1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances,
<br /> resolutions, regulations, judicial decisions, rules, tariffs, administrative
<br /> orders, certificates, orders, or other requirements of the City or other
<br /> governmental agency having joint or several jurisdiction over the parties
<br /> to this Use Agreement.
<br /> 1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly
<br /> organized and existing under the laws of the State of Delaware, and its
<br /> lawful successors, assigns, and transferees.
<br /> 1.7 MPUC. " MPUC" means the Minnesota Public Utility Commission.
<br /> 1.8 Municipal Facilities. "Municipal Facilities" means City-owned street light
<br /> poles, lighting fixtures, electroliers, or other City-owned structures located
<br /> within the Public Right of Way and may refer to such facilities in the
<br /> singular or plural, as appropriate to the context in which used.
<br /> 1.9 Public Right of Way. "Public Right of Way" means the space in, upon,
<br /> above, along, across, and over the public streets, roads, highways, lanes,
<br /> cartways, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and
<br /> places, including all public utility easements and public service easements
<br /> as the same now or may hereafter exist, that are under the jurisdiction of
<br /> the City. This term shall not include county, state, or federal rights of way
<br /> or any property owned by any person or entity other than the City, except
<br /> as provided by applicable Laws or pursuant to an agreement between the
<br /> City and any such person or entity. If the City adjusts its boundaries
<br /> pursuant to Minn. Stat., Chap. 414 through annexation, incorporation,
<br /> combination, detachment, or other means, this Use Agreement shall be
<br /> binding on the entire area within the City's boundaries after the
<br /> adjustment.
<br /> 1.10 Radio. "Radio" means the radio equipment, whether referred to singly or
<br /> collectively, to be installed and operated by Metricom hereunder.
<br /> Right-of-Wa y Permit anti Facility Use Agreement
<br /> Gt_v of St.Anthonv::Metricom,Inc.
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