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2 MVT,=5 Va of the Property Tax Code of the State of Texas, with all penalties and attorney's fees pernmnitted the Property Redevelopment and Tax Abatement Act and the Tax Code of the State of Texas, sh be recaptured and will become a debt to the City and shall be due, owing, and paid to the Ci within sixty (60) days of the expiration of the above-mentioned applicable cure period as the so remedy of the City, subject to any and all lawful offsets, settlements, deductions, or credits which Owner may be entitled. V1. Additional Terms applicable to both the Economic Development Agreement and the Tax Abatement Agreement 6.1 The Owner represents and warrants that neither the Properties nor the Improvements LIMUF1 117 =_g or tne Vianning anu 2771ing CM7771337*71 T7 711J 1110111L)CI of this Agreement. 6.2 The terms and conditions of this Agreement are binding upon the parties hereto and their successors and assigns. 6.3 It is understood and agreed between the parties that the Owner, in performing its obligations hereunder, is acting independently, and the City assumes no responsibility or liability in connection therewith to third parties; and Owner agrees to release, indemnify and hold the City its elected officials, officers, employees and attorneys harmless from any claims, lawsuits, damages, costs or attorney's fees related tothis Agreement. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently, and the Owner assumes no responsibility or liability in connection therewith to third parties. C. Compliance Provisions 6.4 The Owner agrees that the City, its agents and employees, shall have reasonable right of access to any and all records concerning Owner's investment in the Improvements for the purpose of conducting an audit of the Improvements. Any such audit shall be made only after giving the Owner notice at least fourteen (14) days in advance and will be conducted in such a manner as to not unreasonably interfere with Owner's property. Upon request, the Owner will provide the City with a detailed list of all Improvements, including a list of materials used and cost thereof. 6.5 The Owner further agrees that the City, its agents and employees, shall have reasonable right of access to the Property to inspect the Improvements in order to insure that the vt,, 2re ut 2.cconiance with this Aareement and all apj2licable staii