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i25 <br /> <br />correct amount. Any overpaym~ ~J to the City through error or <br />otherwise shall be offset against the next payment due from <br />Metricom- Acceptance by the City of any payment due under this <br />section shall not be deemed to be a waiver by the City of any <br />breach of this Franchise occurring prior thereto, nor shall the <br />acceptance by the City of any such payments preclude the city from <br />later establishing that a Larger amount was actually due, or from <br />collecting any balance due to the City. <br /> <br /> 4.4 Metricom shall keep accurate books of account at its <br />principal office in Los Gatos, California, or such other location <br />of its choosing for the purpose of determining the amounts due to <br />the City under Section 4.3. The City may inspect Metricom's books <br />of account at any time during regular business hours on five (5) <br />days' prior written notice and may audit the books from time to <br />time at City's sole expense, but in each case only to the extent <br />necessary to confirm the accuracy of payments due under Section <br />4.3. The City may require quarterly or annual reports from Metricom <br />relating to its operations and revenues within the City. City <br />agrees to hold in confidence any non-public information it learns <br />from Metricom in accordance with applicable law. <br /> <br /> 4.5 Metricom shall reimburse the City at city's standard <br />rates for all reasonable expenses relating to the preparation, <br />issuance, implementation and administration of this Franchise, not <br />to exceed Two Thousand Dollars ($2,000) in the aggregate. <br /> <br /> 4.6 As additional compensation for this Franchise, Metricom <br />shall pay to the City an annual fee (the Annual Fee) in the amount <br />of sixty Dollars ($60.00) for the use of each City-owned pole or <br />other property upon which a Radio has been installed pursuant to <br />this Franchise. The initial Annual Fee shall be due and payable <br />not later than the date of installation of the first Radio on a <br />city-owned pole or other property pursuant to this Franchise (the <br />"Installation Date"), and shall equal the number of Radios Metricom <br />then estimates it will install on City-owned poles or other <br />property during the succeeding twelve (12) months multiplied by the <br />Annual Fee. The Annual Fee for subsequent years shall be due and <br />payable not later than thirty (30) days following each anniversary <br />of the Installation Date and shall equal the number of Radios then <br />installed pursuant to this Franchise multiplied by the Annual Fee, <br />adjusted for the Prior Year Adjustment, as described immediately <br />below. The Prior Year Adjustment shall either increase or decrease <br />a subsequent year's Annual Fee to account for the installation or <br />removal of Radios during the prior year, and shall equal the <br />difference between (i) the number of Radios used to calculate the <br />prior year's Annual Fee multiplied by twelve (12), and (ii) the <br />actual number of Radio Months which occurred during such year, <br />multiplied by one-twelfth of the Annual Fee. <br /> <br /> 4.7 The Annual Fee shall be increased effective January of <br />the first year of each renewal term hereof based on the percentage <br /> <br />5 <br /> <br /> <br />