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property, which poles or property are located within the Public Right -of -Way, CITY <br />agrees not to use such PG&E permission to METRICOM, or activities pursuant to the <br />Agreement, as a basis to challenge PG&E franchise rights from CITY, or as a reason for <br />changing the amount of PG&E's payments under that franchise to county. <br />2. Remaining Terms. Except as specifically set forth in this First Amendment, the remainder <br />of the terms and conditions of the Agreement are unchanged by this First Amendment and <br />shall remain in full force and effect. <br />IN WITNESS WHEREOF the parties have executed this Amendment as of the date first <br />above written. <br />METRICOM, INC., a Delawar corporation <br />By: <br />Title: <br />CITY OF SAN LEANDRO, a California municipal corporation <br />Attest: /'�� City Clerk <br />Approved as to form: <br />City Attorney <br />First Amendment to Attachment Permit Agreement <br />City of San Leandro:: Metricom, Inc. <br />page 2 of 2 <br />Leaamdl 02121197 <br />