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<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 aodoverated in <br />accordance with this agreement during the term of the AGREEMENT, <br />and OWNER shall provide evidence as to the creation of the twenty <br />(20) new, permanent jobs described in this 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 /> <br />Authority to Contract <br /> <br />12.l. This AGREEMENT was authorized by resolution of the <br />City Council at its regularly scheduled meeting on the 9th day of <br />August, 1990, 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 1st day of June, 1985. <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 />XllI. <br /> <br />Legal <br /> <br />13.l. 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 />13.3. Any written notice required or permitted under the <br />terms of this AGREEMENT shall be given and be deemed to have been <br />duly served if either (1) delivered in person, or (2) deposited <br />certified mail, return receipt requested, postage prepaid in the <br />United States mail, addressed to the designated representative of <br />the respective parties which are designated as follows: <br /> <br />-6- <br />