1999 AGN JUN 01 I10 - Laserfiche WebLink

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n t"N C. The parties agree that no customer service charge, or similar charge, shall be applied to Metricom's annual bill and/or payment, as no such charge is required. 2. Term. The term of this Agreement shall be fifteen (15) years from the Effective Date of the Attachment Permit Agreement dated October 20, 1998 between Metricom and the City of Colton. 3. No Attachment Rights. Neither this Agreement nor provision of electrical service hereunder shall constitute permission or authorization for Metricom to use Utility -owned facilities or enter upon the municipal right of way, which use shall be governed in all respects by that certain Attachment Permit Agreement by and between Metricom and Utility dated October 20, 1998. 4. Installation Matters. Only duly authorized employees of Utility, or approved contractors, will connect Metricom's electrical loads to, or disconnect the same from, Utility's electric distribution facilities except that Metricom (either itself or by a Utility - approved electrical contractor, which approval shall not be unreasonably withheld, delayed or conditioned) shall be permitted to make power connections to streetlight photocell adapters owned by Utility or third parties where Utility's distribution facilities are not involved. 5. Inderimigy. Metricom shall indemnify, protect, defend and hold Utility and its officers, directors and employees (each, an "Indemnitee") harmless from and against any and all claims, liabilities, judgments, costs, damages, and expenses, including reasonable attorney's fees, arising out of the provision of power under this Agreement except to the extent that such claim, liability,' judgment, cost, damage or expense arises out of the negligence or willful misconduct of any Indemnitee. Utility shall not be liable to Metricom, its employees and agents for damage to the Radios or any other property belonging to Metricom from any cause except for any damage caused by the negligence or willful misconduct of an Indemnitee. Metricom waives all claims against each Indemnitee for damage to Radios arising for any reason other than a claim based on the negligence or willful misconduct of an Indemnitee. No Indemnitee shall have any liability to Metricom for any interruption of electric utility service. 6. Notices. All notices to Metricom pursuant to this Agreement shall be sent to: Metricom, Inc. 980 University Avenue Los Gatos, CA 95032 Attn: Network Real Estate Manager Facsimile: (408) 3549537 All notices to Utility pursuant to this Agreement shall be sent to: ROw\Udlity\CA\Colton\Mu dlity 2 April 16, 1999