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provided by Owner in its Annual Report on Improvements as an <br />identification of the Improvements upon which the tax abatement is to be <br />granted. <br />11.2 In the event that the City requires additional information in order to conduct <br />the review and verification contemplated by paragraph 11.1 hereinabove, the City shall <br />notify the Owner of same as soon as is practicable, but no later than thirty (30) days after <br />receipt of the Annual Report on Improvements. <br />11.3 Nothing in this section shall prohibit the City from exercising its right to <br />declare Owner in default or Owner's right to cure same in accordance with the terms of <br />Section V hereinabove. <br />XII. <br />Authority to Contract <br />12.1 This Agreement was authorized by resolution of the City Council at its <br />regularly scheduled meeting on the 24th day of September, 2018, authorizing the Mayor to <br />execute the Agreement on behalf of the City. <br />12.2 This Agreement was entered into by American SpiralWeld Pipe Company, <br />LLC pursuant to the authority granted to the authorized official whose signature appears <br />below. <br />12.3 This Agreement shall constitute a valid and binding Agreement between the <br />City and Owner when executed in accordance herewith, regardless of whether any other <br />taxing unit executes a similar Agreement for tax abatement. <br />XIII. <br />Legal <br />13.1 No officer, official or agent of the City has the power to amend, modify or <br />alter this Agreement or waive any of its conditions or to bind the City by making any <br />promise or representation not contained herein. <br />13.2 This Agreement, except by operation of law, shall not be assigned or <br />transferred by Owner, without the prior written consent of City, which consent shall be at <br />the sole discretion of the City. <br />13.3 Any written notice required or permitted under the terms of this Agreement <br />shall be given and be deemed to have been duly served if either (1) delivered in person, or <br />(2) deposited certified mail, return receipt requested, postage prepaid in the United States <br />mail, addressed to the designated representative of the respective parties which are <br />designated as follows: <br />8 <br />32322920 v5 <br />