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2. Grant. The City hereby grants to Metropolitan the nonexclusive right, privilege, and license for the Construction, Maintenance, and Removal of the Facilities under any and all Public Ways during the Term. Both parties recognize that said grant does not authorize American to provide cable television services or open video services, as defined pursuant to 47 U.S.C. Section 573, within the corporate limits of the City. Except as otherwise provided in this Agreement, Metropolitan shall bear the entire cost and expense of all Construction, Maintenance, and Removal of the Facilities and Metropolitan shall hold the City harmless thereon. The ronte shall be as set out in the map attached hereto as Exhibit A and incorporated herein, unless otherwise amended in writing signed by both parties. 3. Construction. Metropolitan may effect Construction of the Facilities (or any part thereof) on the Public Ways only after approval thereof has been given, or deemed given, by the City Director of Public Works, which approval shall not be unreasonably withheld. The City Director of Public Works shall notify Metropolitan in writing of his or her approval or disapproval of the proposed construction of the Facilities in the Public Ways within forty-five (45) days after delivery by Metropolitan to the City Director of Public Works of plans and specifications therefor. Metropolitan agrees that Construction of the Facilities in the Public Ways shall be done in such locations and in such manner so as not to unreasonably interfere with existing water, gas, sewer pipe, traffic signal, street light and other utilities and conduits in the Public Ways. All Construction shall be underground. Metropolitan shall comply with all reasonable directions of the City Director of Public Works in connection with Construction of the Facilities. The City Director of Public Works shall have full access to all portions of the Facilities and may issue stop work orders and corrective orders to prevent unauthorized work; provided, however, that the Director shall first provide Metropolitan reasonable notice prior to such access and allow a Metropolitan employee or agent to accompany the Director at the time of such access. Unless this Agreement provides otherwise, Metropolitan may construct, maintain and/or remove Facilities necessary to provide services to its customers or to interconnect with other telecommunications provider facilities without prior consent from the City, but Metropolitan will obtain all necessary permits and authorizations from the City Director of Public Works prior to commencing any Construction; Removal; or Maintenance which disturbs or blocks vehicular traffic in the Public Ways. 4. Maintenance and Safety Requirements. Metropolitan shall: (a) At all times employ the highest degree of care and shall use commonly accepted methods and devices for preventing fallnres and accidents which are -2-