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12. BEST RATES; MOST FAVORED COMMUNITY. <br /> 12.1 In the event that Metricom enters into any agreement, franchise or other <br /> understanding with any other city or county in the state of Washington, containing financial or <br /> service related benefits (excluding fees or taxes imposed by such other governmental entity) for <br /> such governmental entity which, when reviewed together with the obligations imposed on such <br /> governmental entity, are superior to those in this Franchise, Metricom and City, at City's <br /> option, shall modify this Franchise to incorporate such benefits, subject to City's acceptance of <br /> the corresponding obligations imposed on such governmental entity, if any. Such benefits shall <br /> be made applicable to City retroactive to the date Metricom entered into such superior <br /> agreement with the other governmental entity. <br /> 12.2 Subject to the limitations of Section 12.1 above, as further compensation to the <br /> City for the grant of this Franchise, City shall be entitled to obtain subscriptions to Services at <br /> Metricom's lowest rate applicable to any government body or municipality, in the State of <br /> Washington and to Metricom's lowest available rate for purchase and/or lease of modems <br /> applicable to government bodies or municipalities in the State of Washington for purposes of <br /> accessing Services. <br /> PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF <br /> EVERETT,WASHINGTON, t ' 16thday of April , 1997 <br /> • <br /> /de drigati. _ <br /> MAYOR <br /> ATTEST: <br /> 41/- <br /> Passed: <br /> 4/16/97 <br /> City Clerk Ilki Valid: 5/1/97 <br /> Published: 5/9/97 <br /> Effective : 5/17/97 <br /> APPROVED AS TO FORM: <br /> City Attorney <br /> 15 <br />