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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. $.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. 3.7 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 6¥~nt that M~tricom 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.~ Metricom acknowledges and agrees that the City may require users of revenue producing services such as the Services to pay a utility users' 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, installation, operation, and maintenance of Radios, and the rendering of Services under this Franchise. 4.3 As compensation for this Franchise, Metricom shall pay to the City, on a quarterly basis, an amount equal to @ percent (3%) of Metricom's Gross Revenues which amount will be collected from subscribers of the Services and remitted to City as provided herein. The compensation required by this section shall be due on or before the 45th day after the end of each calendar quarter, or fraction thereof. Within 45 days after the termination of this Franchise, compensation shall be paid for the period elapsing since the end of the last calendar quarter for which compensation has been paid. Metricom shall @sh to the City with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. If Metricom discovers that it has failed to pay the entire or correct amount of compensation due, the city shall be paid by Metricom wi@ fifteen (15) days of discovery of the error or determination of the