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<br />~ , ` O. . BOND . . _ . ~
<br />' 1. Metricom shall at .the" time of the execution hereof, execute and deliver to ,City a`
<br />',; , ~ satisfactory performance bond with approyed corporate surety in the_amount of _.
<br />$10,000, which bond shall guarantee full and faithful performance of the provisions
<br />' , ' ' of this Permit: If, at .the end'of one (I) year of confinuous operation: within the ,~ ~ ,
<br />Public Right-of-Way, Mefricomr has faithfully performed all of the ternis, •' ~
<br />~ ~: covenants, and conditions of this ~Permit,;it shall be released of the,requirements to~. ~'
<br />~, . : continue the performance;bond for the balance of its term hereunder. -
<br />_ , 2. . If, aE any time during the term of this Permit, Metricom shall have failed to ~ .
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<br />faithfully perform 'any` of the terms; covenants, and conditions: of this Pemut and '`
<br />'. . City has released Metricom from the bond requirement as just de"scribed, •City may, -
<br />~ ~ in its,sole:discretion, reactivate the foregoing $10,000 bond~ requirement. -
<br />; P. ~ ~CITY'S RIGHT TO ACT . ' . , . ~
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<br />- In the eveat Metricom fails to~perform any obligation under this Permit except'failure to ~ '
<br />- ,' pay the annual Pole Arn1 attachment fee;and reimbursements to the City for City-incurred '
<br />: ~ costs-when due, .City shalt have the right," but not'the obligation to take action that , ,
<br />", Metricom has failed to take, after giving'at least thirty (30)'days' notice in advance of
<br />` taking such-action, except in the ~event of an emergency; as defermined by City, in which . ~~
<br />~~ case no advance notice shall ,be required. In the event City takes_ such action, Metricom• -
<br />. ~° shall promptly pay to~ City, upon demand,. the sum or sums expended'or incurred by City J
<br />` `~ ~ to:take such action. Any such action taken,by City shall"not by;itself constitu'te, a
<br />~ ~~'termination of.this Permi~ Conyersely,,any such action shall ~not coastitute a waiver by
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<br />: Gity of Metricom's default of City's remedies on account of such default. ` '~
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<br />` Q. ~. TERMIlVATYON OF PERMIT .
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<br />.: ;. , 1: This. Permit may be terminated by eitfier ~party upon written notice to ,the other ~'
<br />,. ~ ~ party as provided in Section F or upon a. default hereof as provided in Section H. '
<br />. ~ A termination of this Permit because of Metricom's default shall not prejudice any ~: ~.
<br />~ '~ ' .`: ~'`other remedy for breach of contract, damages; non-payment or otherwise which. ~
<br />. . City has under this •Permit or under law. ,:,
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<br />.`~ 2, This Pemut may be termiaated by the City, after giving Metricom thirty.(30) days . ~
<br />prior written notice, upon the reasonable determination of the; ~ublic Works '~
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<br />D'uector that such termination is necessary to. protect the public health, safety- and' .
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<br />. ' ~. welfare. . , ~ -~
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<br />•. :. ~, . ~ 3. Upon termination of this Permit for. any reason,~subject to City's,lien rights as ~
<br />~. specified in O- RS 87.162 ,e~ se~c . or the corresponding provisions of any future law; ~
<br />. ~ . Metricom'shall remove all of, its peisonal property and all improvements installed '
<br />- by Metricom and restore the Pole arms to the condition existing'when origiaally ~ ~
<br />. tumed over to Metricom, ordinary. wear and tear expected. Except as provided
<br />~ , ~. ~ herein, Metricom shall be deemed to have abandoned. to City ;any of its personal . .
<br />' ~ .-property and improvements~which it has failed to remove from the Public Right-of- ~
<br />'' - Way within the thirty. (30) days following termination, unless such removal is ~ ' ~
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<br />Metricom =. Permit to Attach, Install,' Operate and Maintata- A _° , - `
<br />~ Wireless Data Communications Radio Network oa City-Owned Fadlitles . Page.9
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