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City of Colton Attachment Permit Agreement HIS ATTACHMENT PERMIT AGREEMENT (the "Permit") is dated as of T, 1998, and entered into by and between the CITY OF Colton, a California municipal corporation (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). Recitals A. Under California law the City has the right and power to regulate the time, location, and manner of attachment, installation, operation, and maintenance of wireless digital communications radios in the Public Way within the limits of the City. B. Metricom wishes to attach, install, operate, and maintain a wireless digital communications radio network on facilities located in the Public Way for purposes of operating its Ricochet® wireless digital communications radio network (the "Network"). Agreement NOW, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this agreement: 1.1 Agency. "Agency" means any governmental or quasi -governmental agency other than the City, including the FCC and the PUC (as such terms are defined in §§ 1.4 and 1.9 below). 1.2 City. "City" means the City of Colton. 1.3 Effective Date. "Effective Date" means the latest to occur of (a) the date on which this Permit, as finally approved by the City Council of Colton, is executed* by the City and delivered to Metricom; (b) the date on which all permits required hereunder for deployment of the Radios is issued by the City; or (c) the date on which Metricom hangs its first Radio as provided below. 1.4 FCC. "FCC" means the Federal Communications Commission. Telecommunications Attachment Permit Agreement City of Colton:: Metricom, Inc. page 1 of 1 [rwg07sc05apa978 9/28A 998