02-28-2000 Council Packet - Laserfiche WebLink

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ORONO Right-Of-Way Permit and Facility Use Agreement HIS RIC»rr-Gff-WAY USE AGREEMENT (this "Use Agreemenl") is dated as of (the "Effective Date"), and entered into by and between •the CITY OF ORONO, a Minnesota local government unit (the "City")/ and METRICOM, INC., a Delaware corporation ("Metricom"). Recitals A.Metricom owns, maintains, and operates, in accordance with regulations promulgated 1^ the Federal Communications Commission, a mobile digital data coimnunicatrons~radicr network knowir as Ricochet®,” utriizing’ Radios (as defined in §1.10 below) and related equipment certified by tiie Federal Commumcations Commission. B.For purpose of operating Ricochet®, Metricom wishes to locate, place, attach, install, operate, and maintairr Radios in the Public Right of Way (as defined in §1.9 below) on faciUties owned by flte City, as well as bn facilities owned by third parties therein. Agreement Now, tiieref^re / for good and valuable consideration, tite receipt and sufficiency-of which are hereby acknowledged, the parlies agree to the following covenants, terms, and conditions: 1 Definitions. The following definitions shall apply generally to the provisions of this Use Agreement 1.1 Adjusted Gross Revenues, "Adjusted Gross Revenues" means the gross dollar amount received by Metricom for its Services (as defined in § 1.11 below) provided to subscribers with billing addresses in the City, excluding (i) any utility users' tax, communications tax, or similar tax or fee; (ii) local, state, or federal taxes that have been billed to flie subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.c., bad debts) with billing addresses in tiie City tiiat was previously included in Adjusted Gross Revenues. Permit and FaciUty Uu Agreement Ofy afOrmo:: Metricom, Inc. Pa^e IcflS