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Elk Grove Village <br />Municipal Facilities Use Agreement <br />THIS MUNICIPAL FACILITIES USE AGREEMENT (this "Use Agreement") is dated as of <br />, (the "Effective Date"), and entered into by and between the VILLAGE <br />OF ELK GROVE VILLAGE, an Illinois home rule municipal corporation (the "Village"), and <br />METRICOM, INC., a Delaware corporation ("Metricom"). <br />Recitals <br />A. Metricom is in the business of constructing, maintaining, and operating a wireless <br />digital data communications radio network known as Ricochet®, a network operated in <br />accordance with regulations promulgated by the Federal Communications Commission, utilizing <br />Radios (as defined in § 1.15 below) and related equipment certified by the Federal <br />Communications Commission. <br />B. Metricom is and will throughout the term of this Use Agreement be both "a <br />retailer maintaining a place of business in this State" and be engaged in the "sale of <br />telecommunications at retail," as each of those terms are defined in the Illinois <br />Telecommunications Municipal Infrastructure Maintenance Fee Act, P.A. 90-154 (the "TMIMF <br />Act"), and in Ordinance No. 2597 of the Municipal Code of the Village. <br />C. Subject to reasonable municipal regulations concerning the time, location, manner <br />of attachment, installation, maintenance of its facilities, and payment of such <br />telecommunications infrastructure maintenance fees as may be required under the TMIMF Act <br />and local ordinances enacted pursuant thereto, Metricom has the right under federal and Illinois <br />law to install telecommunications facilities in the public right-of-way, as defined herein. <br />D. Metricom wishes to locate, place, attach, install, operate, and maintain Radios on <br />municipal facilities owned by the Village, as well as facilities owned by third parties, located in <br />the public right-of-way for purposes of operating Ricochet®. <br />E. Metricom's right to install telecommunications facilities in the public right-of- <br />way under the conditions aforesaid does not extend to the installation by Metricom of <br />telecommunications facilities on "municipal facilities," as defined herein, and access to said <br />municipal facilities requires separate agreement with the Village. <br />F. Metricom and the Village, having reached agreement on the terms and conditions <br />of Metricom's access to municipal facilities, now desire to reduce this agreement to writing in <br />the form of this Use Agreement, so as to more particularly set forth the terms and conditions of <br />said access and such other mutual agreements, representation and covenants which have been <br />agreed between the parties as consideration for entering into this Use Agreement. <br />Municipal Facilities Use Agreement <br />page I of 19 <br />