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<br />VIII. <br />No Conflict of Interest <br /> <br />8.1. The CITY represents and warrants that the PROPERTY does not include any <br />property that is owned by a member of the City Council approving, or having responsibility for <br />the approval of this AGREEMENT. ' <br /> <br />IX. <br />Conditions <br /> <br />9,1. The terms and conditions of the AGREEMENT are binding upon the successors and <br />assigns of all parties hereto. <br /> <br />9.2. It is understood and agreed between the parties that the OWNER, in performing its <br />obligations hereunder, is acting independently, and the CITY assumes no responsibility or liability <br />in connection therewith to third parties and OWNER agrees to indemnify and hold harmless the <br />CITY against any and all claims, injuries, demands, liabilities, causes of action, suits, judgments, <br />damages, and expenses arising from the development, design, construction, and operation of the <br />IMPROVEMENTS, except to the extent that such occurrence is caused by the breach of this <br />AGREEMENT by the CITY or by the acts or omissions of the CITY, its officers, employees, <br />representatives, or agents; it is further understood and agreed among the parties that the CITY, <br />in performing its obligations hereunder, is acting independently, and the OWNER assumes no <br />responsibility or liability in connection therewith to third parties and the CITY agrees to indemnify <br />and hold harmless the OWNER therefrom. <br /> <br />x. <br />Compliance Provisions <br /> <br />10.1. The OWNER further agrees that the CITY, its agents and employees, shall have <br />reasonable right of access to the PROPERTY to inspect the IMPROVEMENTS in order to insure <br />that the construction of the IMPROVEMENTS are in accordance with this AGREEMENT and all <br />applicable state and local laws and regulations or valid waiver thereof. After completion of the <br />IMPROVEMENTS, the CITY shall have the continuing right to inspect the PROPERTY to insure <br />that it is thereafter maintained and operated in accordance with this AGREEMENT during the <br />term of the AGREEMENT, and OWNER shall provide evidence as to the creation of the thirty <br />(30) new, permanent jobs described in this AGREEMENT. Representatives of the CITY <br />inspecting the PROPERTY and IMPROVEMENTS shall sign an agreement promising to maintain <br />the confidentiality of any information they obtain in connection therewith except for the purposes <br />of assessing and collecting ad valorem taxes. Said representatives shall also be required to observe <br />any facility rule and regulation applicable to the PROPERTY. <br /> <br />T AX ABATEMENT AGREEMENT - Page 5 <br />