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ADDENDUM TO RIGHT-OF-WAY AGREEMENT <br /> <br /> The City of University City, incorporated under the laws of the State of Missouri, (herein <br />called "City"), and NEXTLINK Missouri, Inc., a Washington corporation (herein called <br />"NEXTLINK), hereby agree as follows: <br /> <br />25. Most Favored. <br /> <br /> (a) In the event that NEXTLINK is granted rights to place fiber optic cable in and <br />upon public roads, rights-of-way and easements of another political subdivision in the <br />metropolitan St. Louis area, and agrees to pay compensation under any such agreement at a rate <br />that exceeds the compensation rate required under this Agreement (i.e., a greater dollar amount <br />per linear foot of facilities), the City shall have the option to replace the compensation terms <br />stated in Section 10 of this Agreement with the compensation terms applicable to NEXTLINK in <br />that political subdivision. Upon request from the City, NEXTLINK shall submit to the City a <br />copy of any license agreement NEXTLINK has entered into with another political subdivision in <br />the metropolitan St. Louis area. The City shall notify NEXTLINK in writing of the City's <br />election to accept such substitute compensation terms. This Section 25 applies to any agreement <br />now or hereafter in effect during the Term of this Agreement. <br /> <br /> (b) In the event that another person or company engaged in the business of <br />providing telecommunications service by way of fiber optic cable or other high capacity <br />transmission media to more than one (1) user for wholesale or retail purposes with the objective <br />of generating revenue is granted rights to place such cable or transmission media in and upon the <br />public roads, rights-of-way and easements in the City pursuant to compensation terms imposing <br />lesser obligations on the grantee than are imposed on NEXTLINK, NEXTLINK shall have the <br />option to avail itself of the compensation terms applicable to such other person or company, upon <br />written notice to the City of its intent to avail itself of such substitute compensation terms. Upon <br />request from NEXTLINK, the City shall submit to NEXTLINK a copy of any license or <br />rights-of-way agreement granted to any and all such persons or companies. This Section 25 does <br />not apply to any agreement now or previously in effect, but it does apply to any agreement <br />hereafter entered into and in effect during the Term of this Agreement. <br /> <br />Dated for reference purposes this 15-}' day of ~ql/~V$,, 1999. <br /> <br />CITY OF UNIVERSITY CITY, MISSOURI <br /> <br />Name: <br />Title: 17i4.v lltla~l~pr <br /> <br />- 12- <br /> <br />NEXTLINK MISSOURI, INC. <br /> <br /> <br />