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· .8 "Gross Revenues" means the gross dollar amount accrued on
<br />Metricom's books for Services provided to its customers residing
<br />or, in the case of businesses, whose principal executive office is
<br />located in, the City, excluding (i) the franchise fee required by
<br />Section 4.3 below, (ii) local, state, or federal taxes collected by
<br />Metricom that have been billed to the subscriber and separately
<br />stated on such bill, and (iii) revenue uncollectible from subscrib-
<br />ers (i.e., bad debts) located in the City~ that were previously
<br />included in Gross Revenues.
<br />
<br /> 1.9 "Laws" means any and all judicial decisions, statutes,
<br />constitutions, ordinances, resolutions, regulations, rules,
<br />tariffs, administrative orders, certificates, orders, or other
<br />requirements of the City or other Agency having joint or several
<br />jurisdiction over the parties to this Franchise, in effect either
<br />at the time of execution of this Franchise or at any time during
<br />the presence of Radios in the Public Right-of-Way.
<br />
<br /> 1.~8 "Metricom" means Metricom, Inc., a corporation duly
<br />organized and existing under the laws of the State of Delaware, and
<br />its lawful successors, assigns, and transferees.
<br />
<br /> ~.~ "Person" means an individual, a corporation, a limited
<br />liability company, a general or limited partnership, a sole
<br />proprietorship, a joint venture, a business trust, and any other
<br />form of business association.
<br />
<br /> ~.12 "Provision" means any agreement, clause, condition,
<br />covenant, qualification, restriction, reservation, term, or other
<br />stipulation in this Franchise that defines or otherwise controls,
<br />establishes, or limits the performance required or permitted by any
<br />party to this Franchise. All Provisions, whether covenants or
<br />conditions, shall be deemed to be both covenants and conditions.
<br />
<br /> ~.~3 "Public Right-of-Way" means in, upon, above, along,
<br />across, under, and over the public streets, roads, lanes, courts,
<br />ways, alleys, boulevards, and places, including, without limita-
<br />tion, all public utility easements and public service easements, as
<br />the same now or may thereafter exist that are under the jurisdic-
<br />tion of the city. This term shall not include any property owned
<br />by any Person or Agency other than the City except as provided by
<br />applicable Laws or pursuant to an agreement between the city and
<br />any such Person or Agency.
<br />
<br /> · .14 "Radio Month" means a calendar month during which a Radio
<br />occupies space on a pole, even if such occupancy is less than the
<br />entire month.
<br />
<br /> ~.15 "Radios" means that radio equipment to be installed and
<br />operated by Metricom hereunder as described on Exhibit A attached
<br />hereto or any radio equipment which substantially conforms to such
<br />Radios.
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