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04-002, Ricochet Networks, Inc. Third Renewal Agreement This Third Renewal Agreement ("Agreement") is made and entered into this _ day of December, 2003 (the "Execution Date"), by and between the City of Cupertino, a municipal corporation of the State of Cali fomi a (hereinafter, CITY), and Ricochet Networks, Inc., a corporation organized under the laws of the state of Delaware (hereinafter, RICOCHET). RECITALS WHEREAS, pursuant to Paragraph two (2) of the Interim Agreement, entered it to on February 27, 2000, RICOCHET and CITY wish to renew the term ofthe Interim Agreement. NOW, THEREFORE, the parties hereby agree as follows: TERM OF AGREEMENT. The term of the Interim Agreement shall be renewed for the period from October 31, 2003 through March 31, 2004, inclusive. This Agreement shall be renewed on a month to month basis with mutual written agreement of the parties to a term not to exceed two (2) 2 additional months or until May 31, 2004. WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written. APPROVED AS TO FORM ~ ~y-= CUPERTINO ~0~y- David W. Knapp City Manager C"f)' Attom~y_