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(b) In the event that another person or company engaged in the business of providing telecommunications service by way of fiber optic cable or other high capacity transmission media to more than one (1) user for wholesale or retail purposes with the objective of generating revenue is granted rights to place such cable or transmission media in and upon the public roads, rights-of-way and easements in the City pursuant to compensation terms imposing lesser obligations on the grantee than are imposed on Level 3, Level 3 shall have the option to avail itself of the compensation terms applicable to such other person or company, upon written notice to the City of its intent to avail itself of such substitute compensation terms. Upon request from Level 3, the City shall submit to Level 3 a copy of any license or rights-of-way agreement granted to any and all such persons or companies. This Section 11 (b) does not apply to any agreement now or previously in effect, but it does apply to any agreement hereafter entered into and in effect during the Term of this Agreement. 12. Open BooksandRecords. Twice annually, upon thirty (30) days' written notice, the City shall have the right 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. Level 3 shall maintain for at least five years sufficient financiaI records goveming its operations in the City to determine gross receipts and to otherwvise document accurate payment of the compensation required under this Agreement. The City may require the provision or retention of additional information, records, and documents as it deems reasonably necessary or appropriate. Level 3 shall make suitable copying equipment available to the City and shall bear the cost of such copying. 13. Confidentiali.ty. Upon the reasonable request of Level 3, to the extent permitted by law, the City. agrees to keep confidential any technical information specified by Level 3 about Level 3's Facilities and information provided by Level 3 relating to Level 3's policies, business operations or financial condition. In the event that the City is required by applicable law, rule, regulation or lawTul order or ruling of any court, govemment agency or regulatory commission to disclose any such information, the City agrees that it will provide Level 3 with prompt notice of such request(s) to enable Level 3 to seek an appropriate protective order or to take steps to protect the confidentiality of such information. -7-