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<br />(c Copy of or identification of plans and specifications of constructed <br />Improvements and the location of the same for inspection by City's <br />certification team; <br /> <br />(d) Actual cost of capital Improvements; and, <br /> <br />(e) Date of substantial completion of the Improvements as defined in paragraph <br />3.1 hereof. <br /> <br />11.2 The Owner further agrees that it will provide City with an annual, sworn <br />report which shall certify, in writing, that it is in compliance with each applicable term of <br />this Agreement. Such annual report shall be furnished in such form as the City shall <br />reqUIre. <br /> <br />11.3 In addition to the annual report required under Section 11.2 hereof, the <br />Owner further agrees that it will provide City a copy of the Employer Reference summary <br />page of its Texas Workforce Commission Employer's Quarterly Report within thirty (30) <br />days of its filing of the same with the Texas Workforce Commission. The Owner will <br />provide an affidavit signed by the Plant Manager or an Officer of the Company certifying <br />that the information provided in the summary page is a true and valid report filed with the <br />Texas Workforce Commission. <br /> <br />XII. <br />Authority to Contract <br /> <br />12.1. This Agreement was authorized by resolution of the City Council at its <br />regularly scheduled meeting on the 8th day of May, 2006, authorizing the Mayor to execute <br />the Agreement on behalf of the City. <br /> <br />12.2 This Agreement was entered into by KIMBERLY -CLARK <br />CORPORATION pursuant to the authority granted to the authorized official whose <br />signature appears below. <br /> <br />12.3. This Agreement shall constitute a valid and binding Agreement <br />between the City and Owner when executed in accordance herewith, regardless of whether <br />any other taxing unit 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 power to amend, modify or <br />alter this Agreement or waive any of its conditions or to bind the City by making any <br />promise or representation not contained herein. <br /> <br />13.2 This Agreement, except by operation of law, shall not be assigned or <br />transferred by Owner, without the prior written consent of City, which consent shall be at <br /> <br />7 <br />