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such number of Radios in or on poles or ottier structures owned by public <br />utility companies or ottier property owners located within the Public <br />Right, of Way as. may be permitted by the public utility company or <br />property owner, as the case may be for die purposes of operating <br />Ricochet® an<f providing Services. Upon request Metricom shall furnish <br />to the City documentation of such permission from die individual utility <br />or property owner responsible. City agrees to cooperate with Metricom, <br />at no cost or expense to City, in obtaining where necessary the consents of <br />third-party owners of property located in die Public Right of Way. <br />3.3 No Interference. Metricom in die performance and exercise of its rights <br />and obligations under this Use Agreement shall not interfere in any <br />manner widi the existence and operation of any and all public and private <br />rights of w’ay, sanitaiy sewers, water mains, storm drains, gas mains, <br />poles, aerial and underground electrical and telephone wires, electroliers, <br />cable'television , anct odier information" or communications, utility, or <br />municipal property, without the express written approval of the owner or <br />owners of the affected property or properties, except as permitted by <br />applieable- Laws-or dtis Use- Agreement- City agrees to use reasonable <br />efforts to require the inclusion of the same or a similar prohibition on <br />interference as that stated above in all agreements and franchises City <br />may- enter into after the Effective Date widi other information or <br />commvuiications providers and carriers. <br />3.3.1 Interference ResduHon. Any actual or anticipated radio <br />interference caused by either the presence of die Radios or the presence of <br />any such other communications equipment or devices in die Public Right <br />of Way shall be resolved by Metricom and any such other providers <br />without cost to City on the basis of the applicable rules, regulations, <br />practices, and procedures of die FCC. City agrees to assist Metricom in the <br />resdtttkHvof any such interference dispute at Metricom's sole expense. <br />3.4 - Compliance'witfrEaws. Metricom shall comply with all applicable Laws <br />in the exercise and performance of its rights and obligations under diis <br />Use Agreement The Right-of-Way Management Reimbursement <br />provided for in §-4rl below ^all be in lieu of all odier City fees, with the <br />exception of any City permits required for the initial installation of the <br />Radios. City shall prompdy respond to Metricom's filings and shall <br />otherwise cooperate with Metricom in facilitating die deployment of <br />Ricochet® in the Public Right of Way in a reasonable and timely maimer. <br />Rjgfti-cf4Vay P^rmt artJ Paalsty U$e A^eement <br />City of Orono:: Mrtrtcom, Inc. <br />Pa^e4cfl6