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1.3
<br />City. "City" means the City of ORONO.
<br />"Fee" means any 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 htstallation Date. "Installation Date" shall mean the date that the first
<br />Radio is installed by Metricom pursuant to titis Use Agreement
<br />1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances,
<br />resoluh^^ regtriahcMns> judicial decisions, rules, tariffs, administrative
<br />orders, certificates, orders, or otiier requirements of the City or other
<br />govemmentEil agency having joint or several jurisdiction over the parties
<br />to this Use AgieemenL
<br />1.6
<br />1.7
<br />Metriccrn "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 />MPUC. " MPUC" means the Minnesota Public Utility Commission.
<br />1.8 Mwticipal Facilities. "Municipal Facilities" means City-owned street
<br />light poles,-lighting fixtures> electroliers, or ottier City-owned structures
<br />located within the Public Right of Way and may refer to such facilities in
<br />the singular or plural, as appropriate to tfie context in w'hich used.
<br />1.9 Public Right of VJay. "Public Right of Wa/' means the space in, upon,
<br />above, along, acroSiS,- 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 Hio same now or may hereafter exist, that are under tfie jurisdiction of
<br />the City. This term shall not include county, state, or federal rights of way
<br />or any property ow'ned by any person or entity other than the City, except
<br />as provided by applicable Laws or pursuant to an agreement between ttie
<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 fte
<br />adjustment
<br />1.10 Radio. "Radio" means the radio equipment whether referred to singly
<br />collectively, to be installed and operated by Metricom hereunder.
<br />vl
<br />{
<br />iU^hi-cf-lVay Penmt and Facility UseAx^eement
<br />City cf Orono:: MOricom. Inc.
<br />Pagelcflo
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