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SCOPE OF FRANCHISE.
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<br /> 3.1 Any and all rights expressl~ ..anted to Metricom under
<br />this Franchise, which shall be exercised at Metricom's sole cost
<br />and expense, shall be subject to the prior and continuing right of
<br />the City under applicable Laws to use any and all parts of the
<br />Public Right-of-Way only, exclusively or concurrently, with any
<br />other Person or Persons, and further shall be subject to all deeds,
<br />easements, dedications, conditions, covenants, restrictions,
<br />encumbrances and claims of title which may affect the Public Right-
<br />of-Way. Nothing in this Franchise shall be deemed to grant,
<br />convey, create, or vest a perpetual real property interest in land
<br />in Metrioom, including any fee or leasehold interest, easement, or
<br />any franchise rights.
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<br /> 3.2 The City hereby authorizes and permits Metricom to
<br />attach, install, operate, maintain, remove, reattach, reinstall,
<br />relocate, and replace Radios in or on City street light poles,
<br />lighting fixtures, and electroliers, within the Public Right-of-Way
<br />for the purposes of providing Services to Persons located within or
<br />without the limits of the City. Any work performed pursuant to the
<br />rights granted under this Franchise may, at the City's option, be
<br />subject to the prior review and approval of the City. During the
<br />term of this Franchise, the location of each Radio installed by
<br />Metricom or its designee shall be disclosed, in writing, to the
<br />City by Metricom within ten (10) days after its installation,
<br />removal, or relocation.
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<br /> 3.3 The City hereby authorizes and permits Metricom to
<br />attach, install, operate, maintain, remove, reattach, reinstall,
<br />relocate, and replace such number of Radios in or on poles or other
<br />structures owned by public utility companies or other property
<br />owners located within the Public Right-of-Way as may be permitted
<br />by the public utility company or property owner, as the case may
<br />be. Metricom shall furnish to the city documentation of said
<br />permission from the individual utility/property owner responsible.
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<br /> 3.4 Except as permitted by applicable Laws or this Franchise,
<br />in the performance and exercise of its rights and obligations under
<br />this Franchise, Metricom shall not interfere in any manner with the
<br />existence and operation of any and all public and private rights-
<br />of-way, sanitary sewers, water mains, storm drains, gas mains,
<br />poles, aerial and underground electric and telephone wires,
<br />electroliers, cable television, and other telecommunications,
<br />utility, and municipal property without the express written
<br />approval of the owner or owners of the affected property or
<br />properties.
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<br /> 3.$ Metricom shall comply with all applicable Laws in the
<br />exercise and performance of its rights and obligations under this
<br />Franchise. If required by applicable Laws, Metricom shall obtain
<br />the approval of the Radios subject to this Franchise, or any
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