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• <br /> depth, not including mounting clamps and leveling devices, power cables and connectors or <br /> antennas. Metricom shall be prohibited from installing any other devices, equipment or <br /> extension on any pole which are materially larger than just described, without City's prior <br /> written approval, which approval shall not be unreasonably withheld, delayed or conditioned. <br /> 4. FEES AND TAXES. <br /> 4.1 Metricom acknowledges and agrees that the City may require users of revenue- <br /> producing services such as the Services to pay a utility users' tax ("Utility Tax") to the City <br /> pursuant to City's Municipal Code. If the Services are subject to the Utility Tax, the City <br /> shall advise Metricom in writing, and Metricom agrees to collect the tax from Service users <br /> and remit such tax to the City in accordance with City's Municipal Code. <br /> 4.2 Metricom shall be solely responsible for the payment of all lawful Fees, utility <br /> charges, and City business license fees in connection with the exercise of Metricom's right, <br /> title, and interest in, and the attachment, installation, operation, and maintenance of Radios, <br /> and the rendering of Services under this Franchise. <br /> 4.3 As compensation for this Franchise, City may require Metricom to pay the City, <br /> on an annual basis, an amount not to exceed six percent (6%) of Metricom's Gross Revenues <br /> ("Franchise Fee") which amount will be collected from subscribers of the Services and remitted <br /> to City as provided herein. If such compensation is required, the City shall give Metricom ninety <br /> (90) days prior written notice of such requirement and it shall be due on or before the 30th day <br /> after the end of each calendar quarter. Within 45 days after the termination of this Franchise, <br /> compensation shall be paid for the period elapsing since the end of the last calendar quarter for <br /> which compensation has been paid. Metricom shall furnish to the City with each payment of <br /> compensation required by this section a statement, executed by an authorized officer of Metricom <br /> or his or her designee, showing the amount of Gross Revenues for the period covered by the <br /> payment. If Metricom discovers that it has failed to pay the entire or correct amount of <br /> compensation due, the City shall be paid by Metricom within fifteen (15) days of discovery of the <br /> error or determination of the correct amount. Any overpayment to the City through error or <br /> otherwise shall be offset against the next payment due from Metricom. Acceptance by the City <br /> of any payment due under this section shall not be deemed to be a waiver by the City of any <br /> breach of this Franchise occurring prior thereto, nor shall the acceptance by the City of any such <br /> payments preclude the City from later establishing that a larger amount was actually due, or from <br /> collecting any balance due to the City. <br /> 4.4 The Franchise Fee set forth in Section 4.3 is subject to adjustment from time to <br /> time, at the option of City. City shall provide Metricom with ninety (90) days written notice <br /> of any such adjustment to the Franchise Fee. <br /> 4.5 Metricom shall keep accurate books of account at its principal office in Los <br /> Gatos or such other location of its choosing for the purpose of determining the amounts due to <br /> 5 <br />