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!'1 /'1 <br />UNMETERED ELECTRIC SERVICE AGREEMENT <br />This Unmetered Electric Service Agreement (this "Agreement") is made as of this <br />day of , 1999 (the "Effective Date") by and between the <br />City of Colton, a California Municipal corporation ("Utility") and Metricom, Inc., a <br />Delaware corporation ("Metricom"). <br />WHEREAS, The City of Colton owns, maintains and operates its own <br />municipal electric utility to provide electricity to persons and businesses within the <br />territorial boundaries of the incorporated area of the City of Coronado; and <br />WHEREAS, Metricom desires to install small radio transmitters ("Radios") at <br />various locations in Utility's electric service territory (the "Service Territory"), in <br />order to provide its Ricochet service, which radio transmitters utilize electricity in such <br />small quantities that the separate metering of such Radios is impracticable; and <br />WHEREAS, Metricom has accurately calculated the electric power consumption of <br />the Radios as described in the Power Consumption Reports attached hereto as Exhibit <br />A; and <br />Whereas, the Utilities Commission passed a rate schedule for Metricom on <br />December 14, 1998; and <br />WHEREAS, the parties desire to enter into this Agreement to set forth the terms and <br />conditions under which Utility shall provide power to Radios located in the Service <br />Territory on an unmetered basis; <br />Now, THEREFORE, for good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, the parties hereby agree as follows: <br />1. Unmetered Methodology. <br />a. Utility shall provide power to Radios located in the Service Territory <br />(whether same are attached to Utility -owned facilities or on facilities owned by third parties) <br />on an unmetered basis. Metricom shall pay Utility, on an annual basis, a sum for each <br />Radio to which Utility provides power for each of Metricom's second generation <br />Ricochet? Radios, equal to $28.66, the product of 230.2 kWhrs/year multiplied by the Per <br />kWhr Rate of 12.45 cents. <br />b. Should Metricom propose to use a Radio other than a second generation <br />Ricochet? Radio, or if the assumptions set forth on Exhibit A hereto change, Metricom <br />and Utility shall consult in good faith regarding the appropriate per Radio charge and <br />amend this Agreement accordingly. <br />ROW\Udiity\Texas UtilideASpecial Rate Apmt.doc <br />March 19, 1999 <br />