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Oct 13 00 04:41p Law Oefices 3147272414 p.3 RIGHT-OF-WAY AGREEMENT The City of University City, incorporated under the laws of the State of Missouri, (herein called "City"), and Metromedia Fiber Network Services, Inc., a Delaware corporation (herein called "Metromedia'), hereby agree as follows: defined: Certain Definitions. For purposes of this Agreement, the following terms are (a) "Affiliate" shall mean any Person controlling, controlled by, or under common control with another Person. (b) "City Director of Public Works" shall mean the director or similar public official charged with the supervision of the Public Ways. (c) "Construction" shall mean the instaIlation, construction, and material expansion of the Facilities; Maintenance shall mean the maintenance, operation, repair, replacement, and non-niaterial expansion of the Facilities; and Removal shall mean the permanent removal of the Facilities. (d) "Control" shall mean the power to control the business or affairs of a Person. (e) "Facilities" shall mean any and all telecommunications cables, lines, conduits, access manholes, pedestals, boxes, and other similar equipment and devices owned or used by Metromedia within the City. (f) "Person" shall mean an individual, association, partnership, corporation or any other legally recognized entity. (g) "Public Ways" shall mean the surface, the area below the surface, and the air space above the surface, of any and all of the following within the corporate limits of the City during the Term: highways, roads, streets, lanes, alleys, paths, curbs, sidewalks, bridges, overpasses, underpasses, tunnels, parks, parkways, waterways, easements, and any and all other public ways and public rights-of-way. (h) "Term" shall mean the period commencing on the date of this Agreement and ending on the second (2nd) anniversary thereof, unless sooner terminated in accordance with the terms of this Agreement.