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10. Compensation. In addition to any permit fees or other payments required under this Agreement, NEXTLINK shall make quarterly payments to the City in the amount of forty-seven and one half cents ($.475) per linear foot for underground facilities located in the Public Ways, for an annual amount of one dollar and ninety cents ($1.90) per linear foot. The payment shall be made by check or money order delivered to the City Manager by the close of business of the twenty-fifth (251h) day of the calendar month immediately following the close of the calendar quarter for which the payment is calculated. In the event any quarterly payment is made after the close of business on the date due, NEXTLINK shall pay compound interest at an annual percentage rate of twelve percent (12%) of the total amount past due. Acceptance of money under this Section shall not in any way limit or inhibit any of the privileges or rights of either party. The rate of compensation herein shall increase as of January 1 of each year, beginning with the year 2000, by two percent (2%) per annum. Any payments made by NEXTLINK under the City's license tax on telephone service during the calendar quarter for which the payment is calculated shall be allowed as a credit against any compensation due for such quarter. At the time of payment, the City shall be furnished with a statement certified by NEXTLINK showing the total number of linear feet, the compensation required therefor, and any tax credits claimed. Nothing contained herein shall relieve NEXTLINK of any obligations imposed by the City Municipal Code upon telephone companies. The parties acknowledge that NEXTLINK has brought an action against the City in the United States District Court, Eastern District of Missouri, designated Civil Action No. 4:99CV01052 CEJ (herein called the "action") wherein NEXTLINK alleges the City is in violation of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (herein called the "Act"). Subsequent to the filing of the action, NEXTLINK and the City have, by this Agreement, resolved all issues raised therein. NEXTLINK shall dismiss the action pursuant to Civ. R. 41 (a) and pay the City a settlement fee in the amount of Ten Thousand Dollars ($10,000.00). 11. Open Books and Records. Twice annually, upon thirty (30) days' written notice, the City shall have the fight to inspect and copy at any time during normal business hours at a location in the metropolitan St. Louis area, all books and records which are reasonable necessary to monitor compliance with the terms of this Agreement, including but not limited to a full and complete set of plans, records, and "as built" maps showing the exact location of all Facilities installed or in use in the City and records showing plan and timetables for any pending construction regarding Facilities in the City, and a record of all complaints received and interruptions or degradation of service experienced to the extent that such record is required to be kept by Federal or State law. NEXTLINK shall maintain for at least five years sufficient financial -6-