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4 COMPENSATION; UTILITY CHARGES. Metricom shall be solely responsible for the <br /> payment of all lawful Fees in connection with Metricom's performance under this Use <br /> Agreement, in accordance with the terms set forth below. <br /> 4.1 Right-of-Way Management Reimbursement. In order to reimburse City for <br /> any right-of-way management costs it may incur during the term of this <br /> Use Agreement following the initial deployment of the Radios in <br /> connection with Metricom's entry upon and deployment within the Public <br /> Right of Way, Metricom shall pay to the City, on an annual basis, an <br /> amount equal to one percent (1%) of Adjusted Gross Revenues (the "Right- <br /> of-Way Management Reimbursement'), which amount may be collected <br /> from subscribers of the Services with billing addresses in the City and <br /> remitted to City as provided herein. The parties agree that such <br /> Right-of-Way Management Reimbursement represents a fair estimate of the <br /> costs of continuing management of the Public Right of Way utilized by <br /> Metricom and that such Right-of-Way Management Reimbursement is not a <br /> franchise fee or payment for use of the Public Right of Way. The <br /> Right-of-Way Management Reimbursement shall be payable for the period <br /> commencing upon the date that Services are offered to commercially paying <br /> subscribers within the City using Radios installed pursuant to this Use <br /> Agreement and ending on the date of termination of this Use Agreement, <br /> and shall be due on or before the 451h day after the end of each calendar year <br /> or fraction thereof. Within forty-five (45) days after the termination of this <br /> Use Agreement, compensation shall be paid for the period elapsing since the <br /> end of the last calendar year for which compensation has been paid. <br /> Metricom shall furnish to the City with each payment of compensation <br /> required by this section a statement, executed by an authorized officer of <br /> Metricom or his or her designee, showing the amount of Adjusted Gross <br /> Revenues for the period covered by the payment. If Metricom discovers any <br /> error in the correct amount of compensation due, the City shall be paid <br /> within thirty (30) days of discovery of the error or determination of the <br /> correct amount. Any overpayment to the City through error or otherwise <br /> shall be refunded or offset against the next payment due. Acceptance by the <br /> City of any payment due under this section shall not be deemed to be a <br /> waiver by the City of any breach of this Use Agreement occurring prior <br /> thereto, nor shall the acceptance by the City of any such payments preclude <br /> the City from later establishing that a larger amount was actually due or <br /> from collecting any balance due to the City. City mav, at any time, at City's <br /> sole option, upon ninety (90) days written notice, require Metricom to <br /> discontinue the Right-of-Way Management Reimbursement <br /> compensation. Upon receiving such notice Metricom shall, no later than <br /> Right-of-4V.i v Permit and Facility Use Agree•ment <br /> City of St.Anthony::Metricom,Inc. <br /> Page 5 of 15 <br />