02-28-2000 Council Packet - Laserfiche WebLink

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City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior tfaetetcy nor, shall the acceptance by the City of any such payments preclude the City from later establishing that a largpr amount was actually due or from collecting any balance due to the City. City may, at any time, at City's, sole option, upon ninety (90) days written notice, require Metricom to discontinue the Right-of-Way Management Reimbursement compensation. Upon receiving such notice Metricom shall, no later than ninety (90) days after receiving such notice, cease making all compensation payments diat w’ould have been payable after such ninety (90)" day no tice period.'If City requires suclra discontinuation of Right-of- Way Management Reimbursement compensation, tiie City may then charge, on an annual basis, its actual Right-of-Way Management costs (pursuant to-Minnesota Statutes Sec. 237.1^, Subd. 9 and Sec. 237.163, ' Subd. 2 (b)), that are incurred after the expiration of the ninety (90) day period described above. Metricom shall only be liable for such actual annual- Rightr^-Way management costs- to- the extent such costs exceed die annual retail value of the service subscriptions for which the City is eligible under Section 4.5 of diis Agreement 4.1.1 Reduction of Right-of-Way Management Reimbursement by Amount- of- Utility- Users- or Communications Tax. Notw'itiistanding anything to the contrary in this Use Agreement if die Services are subject to a utility users tax, communications tax, or other tax or fee which accrues to die City by operation of die Citv^s Municipal Code or other applicable law, then die amount of the Righf-bf-Way Management Reimbursement shall be reduced by the amount of the applicable utility users tax, communications tax, or such other similar tax or fee. 4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of acco unt lelative to the City at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only te-die-exfcent necessary to-c^trm the accuracy of payments due under §4.1 above. Alternatively, Metricom will make available for inspection by the City at Metricom's office located closest to die City, upon thirty (30) days prior written notice, the Fd^hi-cf-W'ay P^tmtand Faaltty Use Asreemejit Oty of Orona:: Metricom, Inc. Pn^e 6cfl6