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Dec ,15 00 04:07p Law OFFices 3147272414 p.1 EXHIBIT 1 RIGHT-OF-WAY AGREEMENT The City of University City, incorporated under the laws of the State of Missouri, (herein called "City"). and American Fiber Systems, h:c., a Delaware corporation (heroin called "American"). hereby agree as follows: defined: Ce__rtain Definitions. Fox' 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 installation, construction, and material expansion of the Facilities; y. aintenance shall mean the maintenance, operation. repair. replacement, and non-material expansion of the Facilities; and Removal shall mean the permanent removal of the Facilities. (d) "ControF' 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 owT~ed or used by American within the City. (f) "Person" shall mean an individual, association. partnership. corporation or other legall:,' 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, patl~s, curbs, sidewalks, bridges, overpasses, mxderpasses, tunnels, parks, parkways, waterways, easements, and any and all other pubZic ways and public rights-of-way. (h) "Term" shall mean the period commencing on the date of this Agreement and ending on tkte second (2nd) anniversary thereof, unless sooner terminated in accordance with the terms of this Agreement.