1997-143-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 14TH DAY OF OCTOBER 1996

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(b) After each monitoring visit, Department shall provide Unit with a written report of the monitor's findings within sixty (60) days. If the monitoring reports note deficiencies in Unit's performance, the report shall include requirements for timely correction of such deficiencies by Unit. Failure by Unit to take action specified in the monitoring report may be cause for termination of this Agreement, as provided herein, 5. CONFLICT OF INTEREST, (a) Unit covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of this Agreement. Unit further covenants that in the performance of this Agreement no person having such interest shall be employed or appointed by it. (b) Unit's employees, officers, andlor agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Qualified Businesses or potential Qualified Businesses, (c) Unit shall comply with all terms and provisions of Texas Local Government Code, Chapter I71. 6. LEGAL AUTHORITY. (a) Unit represents and warrants that it possesses the legal authority to enter into this Agreement and to perform the services it has obligated itself to perform hereunder, (b) The person or persons signing and executing this Agreement on behalf of Unit, or representing themselves as signing and executing this Agreement on behalf of such entity, do hereby represent and warrant and guarantee that he, she or they have been duly authorized by such entity to execute this Agreement on behalf of such entity and to validly and legally bind such entity to all terms, performances, and provisions herein set forth. (c) Department shall have the right to terminate this Agreement if there ,is a dispute as to the legal authority of Unit or the person signing this Agreement to enter into this Agreement or to render performances hereunder, and the conclusion of that dispute is that Unit or such person signing did not have such authority. 7. CHANGES AND AMENDMENTS, (a) Except as specifically provided otherwise in this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be by amendment hereto in writing and executed by all parties to this Agreement. (b) It is understood and agreed by the parties hereto that performances under this Agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, and the assurances and certifications made to Department by Unit with regard to the operation of the Texas Enterprise Zone Program. Based on these considerations, and in order to ensure the legal and effective performances under this Agreement by both parties, it is agreed by the parties hereto that the performanees under this Agreement are amended by rules or policy directives promulgated by Department which serve to establish, interpret, or clarify performance requirements under this Agreement. Policy directives and rule amendments shall not alter the terms of this Agreement so as to release Department of any obligation specified herein. (c) Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal or state law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulations. Department hereby agrees to notify Unit in writing of any such alterations, additions or deletions of which it has knowledge within sixty (GO) days of acquiring that knowledge, 8. TERMINATION. (a) Department shall have the right to terminate this Agreement, in whole or in part, at any time before the date of completion specified in Paragraph I (c) of this l I Page 3 of 5