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<br />7.2 The abatement granted herein shall be subject to and governed by the <br />Guidelines and Criteria for Tax Abatements, a copy of which is attached hereto as <br />Exhibit E, and OWNER shall comply with the requirements of Exhibit E in the <br />performance of this AGREEMENT, save and except that, in the event of a conflict <br />between the requirements of Exhibit E and this AGREEMENT, this AGREEMENT shall <br />control. <br /> <br />7.3 Owner covenants and agrees that subsequent to the date of this <br />AGREEMENT, any application by OWNER for a new tax abatement for equipment or <br />real property located within the PROPERTY and the Investment Zone applicable to this <br />AGREEMENT shall be subject to and governed by the CITY's Criteria and Guidelines <br />for Tax Abatement in effect at the time of the new application, and not by the Criteria <br />, ,and Guidelines utilized for this Agreement. <br /> <br />VIII. <br />No Conflict of Interest <br /> <br />8.1 The OWNER represents and warrants that the PROPERTY does not <br />include any property that is owned or leased by a member of the Planning and Zoning' <br />Commission of the City of Paris, nor by a member of the City Council approving, or <br />having responsibility for the approval of, this AGREEMENT. <br /> <br />IX. <br />Conditions <br /> <br />9.1 The terms and conditions of the AGREEMENT are binding upon the <br />successors and assigns of all parties hereto. <br /> <br />9.2 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 />indemnify and hold harmless the CITY therefrom. It is further understood and agreed <br />among the parties that the CITY, in performing its obligations hereunder, is acting <br />independently, and the OWNER assumes no responsibility or liability in connection <br />therewith to third parties and, to the extent permissible by law, the CITY agrees to <br />indemnify and hold harmless 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 <br />the reasonable right of access to records concerning the OWNER's investment in the <br />IMPROVEMENTS for the purpose of conducting an audit of the project improvements <br />and project costs. Any such audit shall be made only after giving the OWNER notice at <br /> <br />5 <br /> <br />T <br /> <br />I <br />