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4.5 <br />4.6 <br />excuse Metricom from tire payment of any applicable permit fee for work <br />undertaken pursuant to the initial installation of the Radios. <br />Municipal Subscriber Program. City shall have the right throughout the <br />term of- this Use Agreement to receive up to the maximum number <br />specified below (based upon the City^s population) of free Ricochet® basic <br />service subscriptions. T^e number of free subscriptions which the City <br />may receive shall be. determined in accordance with the City^s official <br />population, as shown on the latest available census data, as follows: (a) for <br />municipalities wifli a population of less tiian 100,000, up to a maximum of <br />ten (10) free subscriptions; C^) for municipalities with a population of <br />between 100,000 and 249,000, up to a maximum of fifteen (15) free <br />subscriptions; (c) for municipalities with a population of betw^een 250,000 <br />and 500,000, up to a maximum of twenty (20) free subscriptions; and <br />(d)for municipalities of over 500,000, up to a maximum of tw’enty-five (25) <br />free ~ subscriptions. City riiall designate one person who shall be <br />responsible for ordering and receiving any subscriptions. Tc take <br />advantage of this program, the designated individual should contact <br />Metri€om'’-s-Netovork Real Estate-Depwtment at the address stated in § 8 <br />below City^s right to use the subscriptions shall commence at tiie time <br />that Ricochet® service is commercially available in the City and shall <br />extend-vmtil-the expiration ot tiie term of tiiis-Use Agreement or through <br />the length of time that Radios are deployed in tiie Municipal Right of <br />Way, w’hichever is longer. City^s use of the subscriptions shall be sul^'ect <br />to standard Ricochet® terms and conditions of use. City understands <br />and agrees that modems and equipment required to utilize tiie <br />subscriptions and any additional service subscriptions or service options <br />the City may desire may be obtained from an authorized retailer at market <br />rates current from time to time. City shall use all subscriptions provided <br />pursuant terthis section solely for itsown use and shall not be entitled to <br />resell, distribute, or otiierw'ise permit tiie use of same by any other person, <br />excep ting a local public entity tiiat provides public service within the <br />corporate boundaries of the City (r.^., municipal schools, public safety, or <br />fire departments, etc.). The level of benefits and service provided to City <br />by Metricom as "basic service" shall not be diminished or reduced during <br />the-term of this Use* Agreement or renewal thereof or prior to its <br />cancellation or termination, as the case may be. ’ <br />Most-Favored Municipality Clause. Should Metricom after the parties^ <br />ex ecution and delivery of this Use Agreement enter into a right-of-way <br />permit and facility use agreement witti another municipality of the same <br />Rj^ht<f-Way P^natami Facility Use A^eemeut <br />Qty cfOrotto :: Metricom, Inc <br />Pa^e Sof 16 <br />■p.:'jhl 1 ^.-.tk .-.skiY'.iikp-.r up ••tunnmid