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• <br /> calculate the prior year's Annual Fee multiplied by twelve (12), and (ii) the actual number of <br /> Radio Months which occurred during such year, multiplied by one-twelfth of the Annual Fee. <br /> 4.8 The Annual Fee shall be increased effective January of the first year of each <br /> renewal term hereof based on the percentage change in the U.S. Department of Labor, Bureau <br /> of Labor Statistics, Consumer Price Index of all items, Base 1982-1984, for the Seattle- <br /> Tacoma Metropolitan Statistical Area which occurred during the previous term or renewal <br /> term. <br /> 4.9 Notwithstanding Section 4.7, in lieu of the Annual Fee, City shall be entitled to <br /> receive: <br /> 4.9.1 up to fifty (50) Basic Service subscriptions to use Metricom's Ricochet <br /> Services in the City for so long as Metricom maintains Radios in use on the appropriate <br /> number of City-owned poles or other City-owned property pursuant to this Agreement. Such <br /> option may be exercised by City in increments of one (1) subscription in lieu of the Annual Fee <br /> for one (1) Radio. Metricom shall provide such subscriptions at such time as Metricom is <br /> providing commercial service in the City, provided that prior to such service date City shall <br /> not be entitled to receive the Annual Fee or other compensation in lieu thereof. Metricom will <br /> not be required to pay the Annual Fee for the number of Radios installed on City-owned poles <br /> or other City-owned property equal to the number of subscriptions the City elects to receive as <br /> provided above. The number of Radios installed on City-owned poles or other City-owned <br /> property in excess of the number of subscriptions the City elects to receive shall be subject to <br /> the Annual Fee. City's use of the subscriptions shall be subject to Metricom's standard Ricochet <br /> Service terms and conditions. City shall be required to purchase at its sole cost and expense <br /> any equipment and software required to use the Ricochet Service; or <br /> 4.9.2 up to twenty (20) Basic Service subscriptions to use Metricom's Ricochet <br /> Services and the use of up to twenty (20) Metricom modems, for so long as Metricom <br /> maintains Radios in use on the appropriate number of City-owned poles or other City-owned <br /> property pursuant to this Agreement. Such option may be exercised by City in increments of <br /> five (5) subscriptions and five (5) modems in lieu of Annual Fees for twelve (12) Radios. <br /> Metricom shall provide such subscriptions and equipment at such time as Metricom is <br /> providing commercial service in the City, provided that prior to such service date City shall <br /> not be entitled to receive the Annual Fee or other compensation in lieu thereof. The number of <br /> Radios installed on City-owned poles or other City-owned property in excess of the number of <br /> subscriptions/modems the City elects to receive shall be subject to the Annual Fee. City's use <br /> of the modems and subscriptions shall be subject to the standard terms and conditions set forth <br /> in the terms and conditions packaged with the modems. City shall be required to return to <br /> Metricom any equipment provided to City upon termination of any free subscriptions in good <br /> condition, ordinary wear and tear excepted. <br /> 7 <br />