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<br />XI. <br />Compliance Provisions <br /> <br />11.1. The OWNER further agrees that the CITY, its agents <br />and employees, shall have reasonable right of access to the <br />property to inspect the IMPROVEMENTS in order to insure that the <br />construction of the IMPROVEMENTS are in accordance with this <br />AGREEMENT and all applicable state and local laws and regulations <br />or valid waiver thereof. After completion of the IMPROVEMENTS, <br />the CITY shall have the continuing right to inspect the PROPERTY <br />to insure that it is thereafter maintained and operated in <br />accordance with this agreement during the term of the AGREEMENT, <br />and OWNER shall provide evidence as to the creation of the fifty <br />(50) new, perman en t jobs descr i bed in th is Agreement. <br />Representative of the CITY inspecting the property and <br />improvements shall sign an agreement promising to maintain the <br />confidentiality of any information they obtain in connection <br />therewith except for the purposes of assessing and collecting ad <br />valorem taxes. Said representative shall also be required to <br />observe any facility rule and regulation applicable to the <br />property. <br /> <br />XII. <br />Authority to Contract <br /> <br />12.1. This AGREEMENT was authorized by resolution of the <br />City Council at its regularly scheduled meeting on the 9th day of <br />November, 1992, authorizing the Mayor to execute the AGREEMENT on <br />behalf of the City. <br /> <br />12.2. This AGREEMENT was entered into by Kimberly-Clark <br />pursuant to authority granted to Nick B. Hansen, Vice President <br />and Tax Counsel by its Chairman of the Board and Chief Executive <br />Officer on the 29th day of April, 1992. <br /> <br />12.3. This AGREEMENT shall constitute a valid and binding <br />AGREEMENT between the CITY and KIMBERLY-CLARK when executed in <br />accordance herewith, regardless of whether any other taxing unit <br />executes a similar agreement for tax abatement. <br /> <br />XIII . <br />Legal <br /> <br />13.1. No officer, official or agent of the CITY has the <br />power to amend, modify or alter this AGREEMENT or waive any of <br />its conditions or to bind the CITY by making any promise or <br />representation not contained herein. <br /> <br />13.2 This AGREEMENT, except by operation of law, shall not <br />be assigned or transferred by OWNER, without the prior written <br />consent of CITY, which consent shall be at the sole discretion of <br />the CITY. <br /> <br />TAX ABATEMENT AGREEMENT - Page 6 <br />