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333 <br /> <br />Ricochet Service; or <br /> <br /> 4.8.2 up to twenty (20) subscriptions to use <br />Metricom's Ricochet Services and the use of up to twenty (20) <br />Metricom modems, for so long as Metricom maintains such Radios <br />in use on the appropriate number of City-owned poles or other <br />City-owned property pursuant to this Franchise. Such option <br />may be exercised by City in increments of five (5) subscrip- <br />tions and five (5) modems in lieu of ~nnual Fees for twelve <br />(12) Radios. Metricom shall provide such subscriptions and <br />equipment at such time as Metricom is providing commercial <br />service in such area, provided that prior to such service date <br />city shall not be entitled to receive the Annual Fee or other <br />compensation in lieu thereof. The number of Radios installed <br />on city-owned poles or other City-owned property in excess of <br />the number of subscriptions/modems the city elects to receive <br />shall be subject to the Annual Fee. city's use of the modems <br />and subscriptions shall be subject to the standard terms and <br />conditions set forth in the terms and conditions packaged with <br />the modems. City shall be required to return to Metricom any <br />equipment provided to city upon termination of any free <br />subscriptions in good condition, ordinary wear and tear <br />excepted. <br /> <br /> 4.8.3 City shall be required to make an election <br />under this Section 4.8 within thirty (30) days of the Effec- <br />tive Date, or each anniversary of the Effective Date, as the <br />case may be. Such election shall be applicable for the longer <br />of the following one (1) year period or until a subsequent <br />election is made in accordance with the previous sentence. <br /> <br /> 4.8.4 City shall use all subscriptions and equipment <br />provided pursuant to this Section 4.8 solely for its own use, <br />and shall not be entitled to resell, distribute or otherwise <br />permit the use of the same by any other party. <br /> <br /> 4.9 Should Metricom enter into an agreement with another <br />similarly situated jurisdiction in the Los Angeles - Orange County <br />Metropolitan Statistical Area containing financial benefits for <br />such jurisdiction which are substantially superior to those in this <br />Franchise, Metricom and city shall modify this Franchise to <br />incorporate the same or similar benefits. Metricom shall notify <br />City within thirty (30) days of entering into such superior <br />agreement. The benefits of such superior agreement shall be made <br />available to City retroactive to the date Metricom entered into <br />such superior agreement with such other jurisdiction. <br /> <br />5. REMOVAL AND RELOCATION OF RADIOS. <br /> <br /> 5.1 Metricom understands and acknowledges that <br />require Metricom to relocate, and Metricom shall, <br /> <br /> 7 <br /> <br />city may <br />at City's <br /> <br /> <br />