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• <br /> 4.9.3. City shall be required to make an election under this Section 4.9 within <br /> thirty (30) days of the Effective Date, or each anniversary of the Effective Date, as the case <br /> may be. Such election shall be applicable for the longer of the following one (1) year period <br /> or until a subsequent election is made in accordance with the previous sentence. <br /> 4.9.4. City shall use all subscriptions and equipment provided pursuant to this <br /> Section 4.8 solely for its own use, and shall not be entitled to resell, distribute or otherwise <br /> permit the use of the same by any other party. <br /> 5. REMOVAL AND RELOCATION OF RADIOS. <br /> 5.1 Metricom understands and acknowledges that City may require Metricom to <br /> relocate, and Metricom shall, at City's direction, relocate upon fifteen(15)business days' prior <br /> written notice in situations described in subsection(a) , and immediately in situations described in <br /> subsections (b) and(c)below, at Metricom's sole cost and expense, a Radio whenever City <br /> reasonably determines that the relocation is needed: (a) to facilitate or accommodate the <br /> construction, completion, repair,relocation or maintenance of a City project, (b)because the Radio <br /> is interfering with or adversely affecting proper operation of City light poles, traffic signals, City <br /> communications and radio devices, or other City facilities, (c)to protect or preserve the public <br /> health, safety, or welfare, or(d)to accommodate the construction, completion,repair,relocation or <br /> maintenance of developer's project,provided that such project is unrelated and does not compete <br /> with Metricom's service. If Metricom shall fail to relocate any Radios as requested by the City <br /> in accordance with the foregoing sentence, City shall be entitled to relocate the Radios at <br /> Metricom's sole cost and expense. <br /> 5.2 In the event Metricom desires to relocate any Radios from one City-owned pole <br /> or other property to another City-owned pole or other property, Metricom shall so advise City. <br /> City will use its best efforts to accommodate Metricom by making another functionally <br /> equivalent City-owned pole or other property available for use in accordance with and subject <br /> to the terms and conditions of this Franchise. <br /> 5.3 In the event that any Radio subject to this Franchise is abandoned and no longer <br /> placed in service for a period-of six (6) months or more, Metricom promptly shall notify the <br /> City, and the City, at its option, may require Metricom to promptly remove the abandoned <br /> Radio(s) at Metricom's sole cost and expense or dedicate the same to the City. The City shall <br /> not issue notice to Metricom that the City intends to exercise the option to require removal or <br /> dedication of Radios, unless and until the City first gives fifteen (15) days' prior written notice <br /> to Metricom to remove the Radios. If Metricom shall fail to remove the Radios as required by <br /> the City, the City shall be entitled to remove the Radios at Metricom's sole cost and expense. <br /> Metricom shall execute such documents of title as will convey all right, title, and interest in the <br /> abandoned Radios, but in no other Metricom property, intellectual or otherwise, to the City. <br /> 8 <br />