02-28-2000 Council Packet - Laserfiche WebLink

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1.11 Services. "Services^' means the mobile digital communications services provided tfirough Ricochet® by Metricom, which services consist principally of wireless Internet- e-mail and local area network access and may include transmission of sound and video images; provided, however, that "Services" shall not be construed, interpreted or applied to authorize either real time telecommunications services (including telephone and voice) or video or cable television communications services except as may be considered standard Intemet content T Term . This Use A^eement shall be effective as of the Effective Date and shall extend for a term of nine (9) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance witii the provisions herein. The term of ftis Use Agreement shall be renewed'automatically for tiiree (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless eittier party notifies the other of its intention not to renew not less dian one hundred et^tty (18(^talendardays prior to^conmiencement of the relevant renewal term. 3^ • Scope OF U se A gre ement . Any and aH rights expressly granted to Metricom under tius Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be sul^ect to the prior and continuing right of ttie City under applicable Laws to use any and all parts of the Public Right of Way exclusively or concurrently with any other person or entity and shall be furttier sul^ect to all de^s, easements, dedicaticms, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect feePuWic Righ#of Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement Any work performed pursuant to the rights granted under this. Use AgteementshallJje subject to-the reasonable prior review and approval of tf\e City. 3.1 Attachment to Municipal Facilities. The City hereby auttiorizes and permits Metricom to enter upon the Public Right of Way and to locate, place,- attach,- install,- operate, maintaiiy remove, reattach, remstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operatmg KTcochet® and providing Services, fri addition, subject to ttie provisions of § 4.3 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated with each such attachment to MunicipalFacilities. 3.2 Attachment to TRird-Farfy rtopcrty. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Ri^ht-cfAWay Permit and Paaiity UseA^eement Oty cj Ofono :: Mitricom. Inc. Pa^e3cfl6 ■■■IV S -lir -