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(5) "Gross Revenues" shall not include: <br />(A) the revenue of any Affiliate or subsidiary of Company; <br />(B) sales tax paid to the City; <br />(C) interest or investment income earned by Company; and <br />(D) monies received from the lease or sale of real or personal property, <br />provided, however, that this exclusion does not apply to the lease of System <br />Facilities within the Public Right -of -Way. <br />e. "Person" shall mean any natural person, or any association, firm, partnership, <br />joint venture, corporation, or other legally recognized entity, whether for - profit or not - for - profit, <br />but shall not, unless the context clearly intends otherwise, include City or any employee, agent, <br />servant, representative or official of City. <br />f. "Public Right -of -Way" shall mean public streets, alleys, highways, bridges, <br />public easements, public places, public thoroughfares, grounds, and sidewalks of City, as they <br />now exist or may be hereafter constructed, opened, laid out, or extended within the present limits <br />of City, or in such territory as may hereafter be added to, consolidated, or annexed to City. <br />g. "System" or "System Facilities" shall mean all of Company's pipes, pipelines, gas <br />mains, laterals, feeders, regulators, meters, fixtures, connections, and all other appurtenant <br />equipment used in or incident to providing delivery, transportation, distribution, supply and sales <br />of natural gas for heating, lighting, and power, located in the Public Right -of -Way within the <br />corporate limits of the City. <br />h. "Transport Customer" shall mean any Person for which Company transports gas <br />through the System of Company within the Public Right -of -Way for delivery within the City <br />(excluding other gas utilities in City who resell gas to their customers within City). <br />SECTION 3. CONSTRUCTION MAINTENANCE, OPERATION & RELOCATION OF <br />COMPANY SYSTEM FACILITIES. <br />A. Company's System shall be so constructed as not to unreasonably interfere with <br />any existing water and wastewater lines, electric facilities, storm sewer lines, open drainage <br />areas, cable, fiber optic cable, roadways, sidewalks, alleys, traffic control devices, public signs, <br />or any other publicly owned or publicly franchised facility. Company shall promptly clean-up, <br />repair, and restore in compliance with applicable provisions of the Paris City Code, all <br />thoroughfares and other surfaces which it may disturb. <br />Page 3 <br />4340964.4 <br />