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City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency. 1.14 Radio Month. "Radio Month" means a calendar month during which a Radio occupies space on a City -owned pole or other City -owned property, even if such occupancy is less than the entire month. 1.15 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder and more particularly described in Exhibit A attached hereto. 1.16 Ricochet®. "Ricochet®" or "Ricochet® MCDN" means Ricochet® MicroCellular Digital Network, a wireless, microcellular digital radio communications network owned and operated by Metricom. 1.17 Services. "Services" means the wireless digital communications services provided through Ricochet by Metricom to subscribers with billing addresses within the City. 2 TERM. The term of this Permit shall commence on the Effective Date and shall expire on the date which completes five (5) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Permit shall be renewed automatically for two (2) successive terms of five (5) years each on the same terms and conditions as set forth herein, except that the Annual Fee shall be subject to adjustment as provided in § 4.2.1 below, unless either Metricom or the City notifies the other party of its intention not to renew not less than thirty (30) calendar days prior to commencement of the relevant renewal term. 3 SCOPE OF PERMIT. Any and all rights expressly granted to Metricom under this Permit, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Way exclusively or concurrently with any other Person or Persons and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title which may affect the Public Way. Nothing in this Permit shall be deemed to grant, convey, create, or vest in Metricom a perpetual real property interest in land, including any fee, leasehold interest, or easement. 3.1 Attachment to City -Owned Property. The City hereby authorizes Metricom to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on City street light poles, lighting fixtures, electroliers, or other City -owned property located within the Public Way for the purposes of providing Services to Persons located within or without the limits of the City. Telecommunications Attachment Permit Agreement City of Colton :: Metricom, Inc. page 3 of 15 colton3 (rrvg07sc05apa981 101-27A998