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by the public utility company or property owner, as the case may be. Metricom shall furnish to the city documentation of said permission from the individual utility/property~owner responsible. 3.4 Except as permitted by applicable Laws or this Franchise, in the performance and exercise of its rights and obligations under this Franchise, Metricom shall not interfere in any manner with the existence and operation of any and all publ$c and private rights- of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility, and municipal property without the express written approval of the owner or owners of the affected property or properties. 3.5 Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Franchise. If required by applicable Laws, Metricom shall obtain the approval of the Radios subject to this Franchise, or any modifications or changes thereto, from any applicable governmental bodies, and secure any required assessment of the impact that the Radios subject to this Franchise may have upon the environment. 3.6 If the size of the Radios change in a material way, then Metricom shall notify the City, in writing, as soon as practicable. Such notice shall be served at least one (1) month prior to the effective date of any material change in the size of the Radios. $.7 The city further reserves the right to modify the service voltage delivered to or at any street light pole or utility pole on which a Radio may be located. Metricom shall replace or modify any Radio that will be affected by such voltage modifications within ten (10) days of receiving notice of voltage modifications. In the event that Metricom fails to replace or modify any Radio within the ten day notice period before the voltage modification, the city may disconnect any such Radio until Metricom performs and completes the necessary work and advises the City accordingly. 4. FEES AND TAXES 4.1 Metricom acknowledges and agrees that the City may require users of revenue producing services such as the Services to pay a utility usersf tax ("Utility Tax") to the city pursuant to city's Municipal Code. If the Services are subject to the Utility Tax, Metricom agrees to collect the tax from Service users and remit such tax to the City in accordance with City's Municipal Code. 4.Z Metricom shall be solely responsible for the payment of all lawful Fees and utility charges in connection with the exercise of Metricom's right, title, and interest in, and the attachment, 4