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5.7 As damages in the event of default, and in accordance with the <br />requirements and discretionary provisions of Section 312.205 of the Tax Code of the <br />State of Texas, all taxes which otherwise would have been paid to the City without the <br />benefit of abatement, including taxes on those dwelling units constructed and completed <br />according to the terms of this Agreement, together with interest to be charged at the <br />statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax <br />Code of the State of Texas, with all penalties and attorney's fees permitted by the <br />Property Redevelopment and Tax Abatement Act and the Tax Code of the State of <br />Texas, shall be recaptured and will become a debt to the City and shall be due, owing, <br />and paid to the City within sixty (60) days of the expiration of the above-mentioned <br />applicable cure period as the sole remedy of the City, subject to any and all lawful <br />offsets, settlements, deductions, or credits to which Owner may be entitled. <br />VI. <br />Additional Terms applicable to both the Economic Development <br />Agreement and the Tax Abatement Agreement <br />A. No Conflict of Interest. <br />6.1 The Owner represents and warrants that neither the Property nor the <br />Improvements include any real or personal property that is owned or leased by a <br />member of the Paris City Council or the Planning and Zoning Commission or any <br />member thereof having responsibility for approval of this Agreement. <br />B. Conditions. <br />6.2 The terms and conditions of this Agreement are binding upon the parties <br />hereto and their successors and assigns. <br />6.3 It is understood and agreed between the parties that the Owner, in <br />performing its obligations hereunder, is acting independently, and the City assumes no <br />responsibility or liability in connection therewith to third parties; and Owner agrees to <br />release, indemnify and hold the City its elected officials, officers, employees and <br />attorneys harmless from any claims, lawsuits, damages, costs or attorney's fees <br />related to this Agreement. It is further understood and agreed among the parties that <br />the City, in performing its obligations hereunder, is acting independently, and the Owner <br />assumes no responsibility or liability in connection therewith to third parties. <br />C. Compliance Provisions <br />6.4 The Owner agrees that the City, its agents and employees, shall have <br />reasonable right of access to any and all records concerning Owner's investment in the <br />Improvements for the purpose of conducting an audit of the Improvements. Any such <br />audit shall be made only after giving the Owner notice at least fourteen (14) days in <br />advance and will be conducted in such a manner as to not unreasonably interfere with <br />Owner's property. Upon request, the Owner will provide the City with a detailed list of <br />all Improvements, including a list of materials used and cost thereof. <br />6 <br />