1998-079-RES WHEREAS, CITY COUNCIL HAS BEEN PRESENTED WITH A PROPOSED

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VIII. No Conflict of Interest 8.1. The CITY represents and warrants that the PROPERTY does not include any property that is owned by a member of the City Council approving, or having responsibility for the approval of this AGREEMENT. IX. Conditions 9.1. The terms and conditions of the AGREEMENT are binding upon the successors and assigns of all parties hereto. 9.2. 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 indemnify and hold harmless the CITY against any and all claims, injuries, demands, liabilities, causes of action, suits, judgments, damages, and expenses arising from the development, design, construction, and operation of the IMPROVEMENTS, except to the extent that such occurrence is caused by the breach of this AGREEMENT by the CITY or by the acts or omissions of the CITY, its officers, employees, representatives, or agents; 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 and the CITY agrees to indemnify and hold harmless the OWNER therefrom. X. Compliance Provisions 10.1. 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 construction of the IMPROVEMENTS are in accordance with this AGREEMENT and all applicable state and local laws and regulations or valid waiver thereof. After completion of the IMPROVEMENTS, the CITY shall have the continuing right to inspect the PROPERTY to insure that it is thereafter maintained and operated in accordance with this AGREEMENT during the term of the AGREEMENT, and OWNER shall provide evidence as to the creation of the thirty (30) new, permanent jobs described in this AGREEMENT. Representatives of the CITY inspecting the PROPERTY and IMPROVEMENTS shall sign an agreement promising to maintain the confidentiality of any information they obtain in connection therewith except for the purposes of assessing and collecting ad valorem taxes. Said representatives shall also be required to observe any facility rule and regulation applicable to the PROPERTY. TAX ABATEMENT AGREEMENT. Page 5 ~, ffXHIBIT A ~