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Oct 13 UU U4:~p Lam utt;ces (b) In the event that another person or company engaged in the business of providing telecommtmicatinns 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 Metromedia, Metromedia 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 Metromedia, the City shall submit to Metromedia a copy of any license or rights-of-way agreement granted to any and all such persons or companies. This Section 1 l (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 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 reqtdred to be kept by Federal or State law. Metromedia shall maintain for at least five years sufficient financial records governing its operations in the City to determine gross receipts and to otherwise 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. Metromedia shall make suitable copying equipment available to the City and shall bear the cost of such copying. 13. Con~dentiality. Upon the reasonable request of Metromedia, to the extent permitted by law, the City agrees to keep confidential any technical information specified by Metromedia about Metromedia's Facilities and information provided by Metromedia relating to Metromedia's policies, business operations or financial condition. In the event that the City is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission to disclose any such information, the City agrees that it will provide Metromedia with prompt notice of such request(s) to enable Metromedia to seek m~ appropriate protective order or to take steps to protect the confidentiality of such information.