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10. Compensation. In addition to any permit fees or other payments required under <br />this Agreement, Metropolitan shall make quarterly payments to the City in the amount of forty- <br />nine and one half cents ($.495) per linear foot for underground facilities located in the Public <br />Ways, for an annual amount of one dollar and ninety-eight cents ($1.98) per linear foot. <br /> <br /> The payment shall be made by check or money order delivered to the City Manager by <br />the close of business of the twenty-fifth (25th) day of the calendar month immediately following <br />the close of the calendar quarter for which the payment is calculated. In the event any quarterly <br />payment is made after the close of business on the date due, Metropolitan shall pay compound <br />interest at an annual percentage rate of twelve percent (12%) of the total amount past due. <br />Acceptance of money under this Section shall not in any way limit or inhibit any of the <br />privileges or rights of either party. The rate of compensation herein shall increase as of January <br />1 of each year, beginning with the year 2002, by two percent (2%) per annum. Any payments <br />made by Metropolitan under the City's license tax on telephone service during the calendar <br />quarter for which the payment is calculated shall be allowed as a credit against any compensation <br />due for such quarter. At the time of payment, the City shall be furnished with a statement <br />certified by Metropolitan showing the total number of linear feet, the compensation required <br />therefor, and any tax credits claimed. Nothing contained herein shall relieve Metropolitan of any <br />obligations imposed by the City Municipal Code upon telephone companies. <br /> <br /> In addition to the compensation payable by Metropolitan under this Agreement, <br />Metropolitan shall pay University City the sum of Ten Thousand Dollars ($10,000.00) upon the <br />execution of this Agreement. <br /> <br />11. Most Favored. <br /> <br /> (a) In the event that Metropolitan is granted rights to place fiber optic cable in <br />and upon public roads, rights-of-way and easements of another political subdivision in the <br />metropolitan St. Louis area, and agrees to pay compensation under any such agreement at a rate <br />that exceeds the compensation rate required under this Agreement (i.e., a greater dollar amount <br />per linear foot of facilities), the City shall have the option to replace the compensation terms <br />stated in Section 10 of this Agreement with the compensation terms applicable to Metropolitan in <br />that political subdivision. Upon request from the City, Metropolitan shall submit to the City a <br />copy of any license agreement Metropolitan has entered into with another political subdivision in <br />the metropolitan St. Louis area. The City shall notify Metropolitan in writing of the City's <br />election to accept such substitute compensation terms. This Section 11 (a) applies to any <br />agreement now or hereafter in effect during the Term of this Agreement. <br /> <br />-6- <br /> <br /> <br />