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RIGFIT -OF -WAY AGREEMENT <br />THIS AGREEMENT, entered into as of the day of , 2003, by <br />and between ST. JUDE MEDICAL, INC., hereinafter referred to as "Company," and the CITY <br />OF LITTLE CANADA, MINNESOTA, a municipal corporation, located in the County of <br />Ramsey, State of Minnesota, hereinafter referred to as the "City." <br />WITNESSETH: <br />WHEREAS, the City is the owner of certain public right -of -way within its corporate limits; <br />and <br />WHEREAS, the Company desires to use certain public right -of -way of the City for the <br />purpose of construction, operation, and maintenance of a fiber optic telecommunication system <br />(the "facilities ") pursuant to the provisions of the laws of the State of Minnesota; and <br />WHEREAS, the City finds such use to be in the public interest and is willing to enter into an <br />agreement to allow the Company to use the Public right-of-way for such purposes. <br />NOW, THEREFORE, in consideration of conditions set forth below, the Company and the <br />City agree as follows: <br />SECTION 1- DEFINITIONS <br />For purposes of the Agreement, the following words and phrases shall have the meanings <br />given herein: <br />"Company " - St. Jude Medical, Inc. <br />"City " - the City of Little Canada, Minnesota <br />"Facilities " - telephone and telecommunication lines, conduits, ducts, wires, cables, pipes, <br />pipeline, poles, vaults, pedestals and appliances, either under or above ground. <br />"Public improvement " - any existing or contemplated public facility, building, or capital <br />improvement project, including without limitation streets, alleys, sidewalks, sewer, water, <br />drainage, right -of -way improvement, and public projects. <br />H: \KrisP \Public Works \STREETS \ROW AGREEMENT.DOC <br />Page of 7 <br />