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X. <br />Conditions <br />10.1 The terms and conditions of this AGREEMENT are binding upon and enforceable <br />against the parties hereto the successors and assigns of all parties hereto. <br />10.2 It is understood and agreed between the parries 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 City <br />therefrom. It is further understood and agreed among the parties that the City, in performing its <br />obligations hereunder, is acting independently, and the Owner assumes no responsibility or <br />liability in connection therewith to third parties and, to the extent permissible by law, the City <br />agrees to indemnify and hold harmless the Owner therefrom. <br />XI. <br />Compliance Provisions <br />11.1 The Owner agrees that the City, its agents and employees, shall have the <br />reasonable right of access to the properties and records of Owner and concerning the Owner's <br />investment in the Improvements for the purpose of conducting audits of the projects' Improvements and <br />projects' costs. Any such audits shall be made only after giving the Owner notice at least fourteen <br />(14) days of notice in writing in advance and will be conducted in such a manner as to not <br />unreasonably interfere with the operation of the facilities. Upon request, the Owner will <br />provide the City with a detailed Asset Report with an itemized list of assets placed into <br />service from and after August 22, 2011 to the date of completion of all Improvements <br />described or referred to herein. The Asset Report will provide for each asset a unique serial <br />and/or other identification number (if available), the date on which the asset was capitalized, <br />the acquisition amount, and the accumulated depreciation amount. At the City's request, the <br />Owner will provide actual invoices to support the amounts shown on the Asset Report. <br />11.2 The Owner further agrees that the City, its agents and employees, shall have <br />reasonable right of access to the real properties of Owner to inspect the Improvements in <br />order to insure that the construction of the Improvements are in accordance with this <br />AGREEMENT and all applicable state and local laws and regulations or valid waiver <br />thereof. After"' letion of the Improvements, the City shall have the continuing right to <br />inspect the Owner's properties to insure that they are thereafter maintained and operated in <br />accordance with this AGREEMENT during the term of the AGREEMENT. All inspections <br />will be made only after giving the Owner notice at least seventy-two (72) hours in advance <br />and such inspections shall be conducted in such a manner so as not to interfere with the <br />operation of the facilities. Representatives of the City inspecting the properties and <br />improvements shall be accompanied by one (1) or more representatives of the Owner and shall <br />sign an AGREEMENT promising to maintain the confidentiality of any information they <br />obtain in connection therewith except for the purposes of assessing and collecting ad valorem <br />taxes and verifying or enforcing compliance with this AGREEMENT. Said representative <br />shall also be required to observe any facility rule and regulation applicable to either property. <br />Nothing herein shall be construed as limiting the City's ability to perform inspections or to <br />enter the properties of Owner, which are the subject of this AGREEMENT. <br />7 <br />