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1.5 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax (but
<br />excluding any utility users' tax or franchise fees), or levy of general application to
<br />Persons doing business in the City lawfully imposed by any governmental body.
<br />1.6 Gross Revenues. "Gross Revenues" means the gross dollar amount
<br />accrued on Metricom's books for Services provided to its customers with billing
<br />addresses in the City, excluding (i) the Franchise Fee, if any, payable pursuant to
<br />§ 4 et seq. below; (ii) local, state, or federal taxes collected by Metricom that have
<br />been billed to the subscribers and separately stated on subscribers' bills; and
<br />(iii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses
<br />in the City that was previously included in Gross Revenues.
<br />1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances,
<br />resolutions, regulations, judicial decisions, rules, tariffs, administrative orders,
<br />certificates, orders, or other requirements of the City or other governmental
<br />agency having joint or several jurisdiction over the parties to this Permit, in effect
<br />either at the time of execution of this Permit or at any time during the presence of
<br />Radios in the Public Way.
<br />1.8 Metricom. "Metricom" means Metricom, Inc., a corporation duly
<br />organized and existing under the laws of the State of Delaware, and its lawful
<br />successors, assigns, and transferees.
<br />1.9 PUC. "PUC" means the California Public Utilities Commission.
<br />1.10 Permit. "Permit" means this nonexclusive Attachment Permit Agreement
<br />and may also refer to the associated right to encroach upon the Public Way
<br />conferred hereunder.
<br />1.11 Person. "Person" means an individual, a corporation, a limited liability
<br />company, a general or limited partnership, a sole proprietorship, a joint venture,
<br />a business trust, or any other form of business entity or association.
<br />1.12 Provision. "Provision" means any agreement, clause, condition,
<br />covenant, qualification, restriction, reservation, term, or other stipulation in this
<br />Permit that defines or otherwise controls, establishes, or limits the performance
<br />required or permitted by any party to this Permit. All Provisions, whether
<br />covenants or conditions, shall be deemed to be both covenants and conditions.
<br />1.13 Public Way. "Public Way" means in, upon, above, along, across, and over
<br />the public streets, roads, lanes, courts, ways, alleys, boulevards, and places,
<br />including all public utility easements and public service easements as the same
<br />now or may hereafter exist that are under the jurisdiction of the City. This term
<br />shall not include any property owned by any Person or Agency other than the
<br />Telecommunications Attachment Permit Agreement
<br />Cihj of Colton :: Metricom, Inc.
<br />page 2 of 15
<br />colton3 [rcug07sc05apa98] 101-27/1998
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