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SAN LEANDRO <br />FIRST AMENDMENT TO REVOCABLE NON-EXCLUSIVE INSTALLATION AND <br />SERVICE AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND <br />METRICOM, INC. <br />THIS FIRST AMENDMENT TO THE REVOCABLE NON-EXCLUSIVE INSTALLATION <br />AND SERVICE AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND <br />METRICOM, INC. (the "First Amendment") is dated as of Apri 1 21 , 199 7 , and is <br />entered into by and between METRICOM, INC., a Delaware corporation ("METRICOM"), and <br />CITY of SAN LEANDRO, a municipal corporation of the State of California (CITY"). <br />RECITALS <br />A. METRICOM and CITY entered into that certain Revocable Non -Exclusive <br />Installation and Service Agreement dated September 18, 1995 (the "Agreement") wherein <br />METRICOM acquired the right to install Ricochet MCDN Radios on street light poles, traffic <br />signal structures, and buildings owned by the CITY in order to provide Services within the City <br />of San Leandro. <br />B. The parties, by this First Amendment, desire to amend the Agreement as more <br />particularly set forth below. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the parties agree as follows: <br />1. Amendment <br />A. The Agreement is hereby amended to add a new Section 26, "Use of Third Party <br />Poles," reading in full as follows: <br />Section 26. USE OF THIRD PARTY POLES. <br />A. The CITY hereby authorizes and permits METRICOM to attach, install, operate, <br />maintain, repair, replace and remove Ricochet MCDN Radios on poles or other <br />structures owned by public utility companies or other property owners, including <br />without limitation, Pacific Gas and Electric Company ("PG&E") located within the <br />public rights -of -way as might be permitted by the owner of the property. METRICOM <br />shall furnish to the CITY documentation of said permission from the owner of the <br />property. <br />B. If METRICOM in performing under this Agreement obtains the permission of <br />PG&E for METRICOM to attach its Ricochet MCDN Radios to PG&E's poles or other <br />First Amendment to Attachment Permit Agreement <br />City of San Leandro:: Metricom, Inc. <br />page 1 of 2 <br />Leaamd 1 02121197 <br />