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<br />representations, promises, concessions, terms and conditions contained herein, <br />City and AT&T agree as follows. <br />1. Term. The term of this Agreement shall expire on October 31, <br />2012. The term may be extended upon mutual agreement of the Parties. AT&T <br />may terminate this Agreement at any time after the Commitment Period, <br />K-1-d <br />being three years following the date <br />February 26, 2007 <br />AT&T’s IP-enabled video services is first <br />delivered to a City resident, provided that at the time AT&T issues notice of <br />termination, one or more of the following authorities definitively have established <br />that AT&T does not need any form of agreement with the City in order to provide <br />its IP-enabled video services within the City: <br /> <br />(1) effective statutes of the United States of America and/or the <br />State of Missouri; <br /> <br />th <br />(2) a final decision of the United States Supreme Court (or the 8 <br />Circuit Court of Appeals if the Supreme Court denies certiorari as to such <br />decision); <br /> <br />(3) a final decision of the Missouri Supreme Court (or an appellate <br />court of the State of Missouri if the Supreme Court denies transfer as to such <br />decision); or <br /> <br />(4) a final decision in any litigation between AT&T and the City, <br />after expiration of any and all rights to appeal. <br /> <br />The City may likewise terminate this Agreement following the Commitment <br />Period if at the time the City issues notice of termination, one or more of the <br />foregoing authorities definitively establish that AT&T requires a form of <br />agreement with the City other than this Agreement in order to provide its IP- <br />enabled video services within the City. <br /> <br />2. Grant of Authority. AT&T may provide its IP-enabled video <br />services on a non-exclusive basis throughout the City (including any <br />subsequently annexed areas). AT&T will not deny access to its IP-enabled <br />video services within the City because of the income levels of residents or <br />otherwise unlawfully discriminate against City residents. AT&T may satisfy its <br />nondiscrimination obligations through use of alternative technology that provides <br />comparable content, service and functionality at a comparable price. <br /> <br />3. Compensation to City. <br /> <br />(1) During the term of this Agreement, AT&T shall remit to City <br />five percent (5 %) of the gross revenues collected from each subscriber to <br /> <br />K-1-e <br />February 26, 2007 <br /> <br />