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ninety (90) days after receiving such notice, cease making all <br /> compensation payments that would have been payable after such ninety <br /> (90) day notice period. If City requires such a discontinuation of Right-of- <br /> Way Management Reimbursement compensation, the Citv may then <br /> charge, on an annual basis, its actual Right-of-Way Management costs <br /> (pursuant to Minnesota Statutes Sec. 237.162, Subd. 9 and Sec. 237.163, <br /> Subd. 2 (b)), that are incurred after the expiration of the ninety (90) day <br /> period described above. Metricom shall only be liable for such actual <br /> annual Right-of-Way management costs to the extent such costs exceed <br /> the annual retail value of the service subscriptions for which the City is <br /> eligible under Section 4.5 of this Agreement. <br /> 4.1.1 Reduction of Right-of-Way Management Reimbursement by <br /> Amount of Utility Users or Communications Tax. <br /> Notwithstanding anything to the contrary in this Use Agreement, if <br /> the Services are subject to a utility users tax, communications tax, <br /> or other similar tax or fee which accrues to the City by operation of <br /> the City's Municipal Code or other applicable law, then the amount <br /> of the Right-of-Way Management Reimbursement shall be reduced <br /> by the amount of the applicable utility users tax, communications <br /> tax, or such other similar tax or fee. <br /> Accounting Matters. Metricom shall keep accurate books of account at its principal <br /> office in Los Gatos or such other location of its choosing for the purpose of determining <br /> the amounts due to the City under§ 4.1 above. The City may inspect Metricom's books <br /> of account relative to the City at any time during regular business hours on thirty (30) <br /> days' prior written notice and may audit the books from time to time at the City's sole <br /> expense, but in each case only to the extent necessary to confirm the accuracy of <br /> payments due under§ 4.1 above. Alternatively, Metricom will make available for <br /> inspection by the City at Metricom's office located closest to the City, upon thirty (30) <br /> days prior written notice, the relevant portions of its books and records as reasonably <br /> necessary to confirm the accuracy of any payments due the City under this Use <br /> Agreement. The City agrees to hold in confidence any non-public information it learns <br /> from Metricom to the fullest extent permitted by Law. <br /> 4.2 Annual Fee. As compensation for the use of Municipal Facilities, <br /> Metricom shall pay to the City an annual fee (the "Annual Fee") in the <br /> amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if <br /> any, upon which a Radio has been installed pursuant to this Use <br /> Agreement. Where light poles or other facilities to be used by Metricom <br /> within the Public Right of Way are owned by a utility, such annual fee <br /> shall be paid to the appropriate utility and not to the City. The aggregate <br /> Richt-of-Wr v Permit and Facility Use Ab-rcvment <br /> Cit_V of St.Anthony::Metricom,Inc. <br /> Page 6 of 15 <br />