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<br />requirements of Exhibit E and this AGREEMENT, this AGREEMENT shall control. <br /> <br />VIII. <br />No Conflict of Interest <br /> <br />8.1 The OWNER represents and warrants that the PROPERTY does not include any <br />property that is owned or leased by a member of the Planning and Zoning Commission of the City <br />of Paris, nor by a member of the City Council approving, or having responsibility for the approval <br />of, this AGREEMENT. <br /> <br />IX. <br />Conditions <br /> <br />9.1 The terms and conditions of the AGREEMENT are binding upon the successors and <br />assigns of all parties hereto. <br /> <br />9.2 It is understood and agreed between the parties that the OWNER, in perfom1ing 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 <br />CITY therefrom. It is further understood and agreed among the parties that the CITY, in performing <br />its obligations hereunder, is acting independently, and the O\VNER assumes no responsibility or <br />liability in connection therewith to third parties and, to the extent pennissible by law, the CITY <br />agrees to indemnify and hold hannless the OWNER therefrom. <br /> <br />X. <br />Compliance Provisions <br /> <br />10.1 The OWNER agrees that the CITY, its agents and employees, shall have the <br />reasonable right of access to records conceming the OWNER's investment in the IMPROVEMENTS <br />for the purpose of conducting an audit of the project improvements and project costs. Any such audit <br />shall be made only after giving the OWNER notice at least fourteen (14) days in advance and will <br />be conducted in such a manner as to not unreasonably interfere with the operation of the facility. <br />Upon request, the OWNER will provide the CITY with a detailed Asset Rep0l1 with an itemized list <br />of assets placed into service from the date ofexecution of this AGREEMENT to December 31,2013. <br />The Asset Report will provide the date on which the asset was capitalized, the acquisition amount, <br />and the accumulated depreciation amount. At the CITY's request, the OWNER will provide actual <br />invoices to support the amounts shown on the Asset Report. <br /> <br />10.2 The OWNER further agrees that the CITY, its agents and employees, shall have <br />reasonable right of access to the PROPERTY to inspect the IMPROVEMENTS in order to insure <br />that the construction of the IMPROVEMENTS are in accordance with this AGREEMENT and all <br />applicable state and local laws and regulations or valid waiver thereof. After completion of the <br />IMPROVEMENTS, the CITY shall have the continuing right to inspect the PROPERTY to insure <br />that it is thereafter maintained and operated in accordance with this AGREEMENT during the tem1 <br /> <br />TAX AIlATEMEC':T AGREEMENT - Page 5 <br /> <br />--~ ~ -r <br />