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1.11 Services. "Services" means the mobile digital communications services <br /> provided through Ricochet® by Metricom, which services consist <br /> principally of wireless Internet, e-mail and local area network access and <br /> may include transmission of sound and video images; provided, however, <br /> that "Services" shalt not be construed, interpreted or applied to authorize <br /> either real time telecommunications services (including telephone and <br /> voice) or video or cable television communications services except as may <br /> be considered standard Internet content. <br /> 2 TERM. This Use Agreement shall be effective as of the Effective Date and shall <br /> extend for a term of nine (9) years commencing on the Installation Date, unless it is <br /> earlier terminated by either party in accordance with the provisions herein. The term <br /> of this Use Agreement shall be renewed automatically for three (3) successive terms of <br /> five (5) years each on the same terms and conditions as set forth herein, unless either <br /> party notifies the other of its intention not to renew not less than one hundred <br /> eighty (180) calendar days prior to commencement of the relevant renewal term. <br /> 3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under <br /> this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall <br /> be subject to the prior and continuing right of the City under applicable Laws to use <br /> any and all parts of the Public Right of Way exclusively or concurrently with any other <br /> person or entity and shall be further subject to all deeds, easements, dedications, <br /> conditions, covenants, restrictions, encumbrances, and claims of title of record which <br /> may affect the Public Right of Way. Nothing in this Use Agreement shall be deemed to <br /> grant, convev, create, or vest in Metricom a real property interest in land, including any <br /> fee, leasehold interest, or easement. Any work performed pursuant to the rights <br /> granted under this Use Agreement shall be subject to the reasonable prior review and <br /> approval of the City. <br /> 3.1 Attachment to Municipal Facilities. The City hereby authorizes and <br /> permits Metricom to enter upon the Public Right of Way and to locate, <br /> place, attach, install, operate, maintain, remove, reattach, reinstall, <br /> relocate, and replace Radios in or on Municipal Facilities for the purposes <br /> of operating Ricochet® and providing Services. In addition, subject to the <br /> provisions of§ 4.3 below, Metricom shall have the right to draw electricity <br /> for the operation of the Radios from the power source associated with <br /> each such attachment to Municipal Facilities. <br /> 3.2 Attachment to Third-Party Property. Subject to obtaining the permission <br /> of the owner(s) of the affected property, the City hereby authorizes and <br /> permits Metricom to enter upon the Public Right of Way and to attach, <br /> install, operate, maintain, remove, reattach, reinstall, relocate, and replace <br /> such number of Radios in or on poles or other structures owned by public <br /> Right-of-Wa v Permit and Facility Use Agreement <br /> Gly of St.Anthony::Metricom,Inc. <br /> Page 3 of 15 <br />