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<br /> <br />(d) <br />(e) <br /> <br />Detailed list of and actual cost of added machinery and equipment; . <br /> <br />Actual cost of capital IMPROVEMENTS; and, <br /> <br />(f) <br /> <br />Date of substantial completion of the IMPROVEMENTS as defined in <br />paragraph 3.1 hereof. <br /> <br />11.2 The OWNER further agrees that it will provide CITY with an annual, <br />sworn report which shall certify, in writing, that it is in compliance with each applicable <br />term of this AGREEMENT. Such annual report shall be furnished in such form as the <br />City shall 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 <br />summary page of its Texas Workforce Commission Employer's Quarterly Report within <br />thirty (30) days of its filing of the same with the Texas Workforce Commission. The <br />OWNER will provide an affidavit signed by the Plant Manager or an Officer of the <br />Company certifying that the information provided in the summary page is a true and <br />valid report filed with the 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 <br />its regularly scheduled meeting on the 10th day of October, 2005, authorizing the Mayor <br />to execute 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 <br />whether 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 <br />or alter this AGREEMENT or waive any of its conditions or to bind the CITY by making <br />any 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 <br /> <br />7 <br /> <br />T <br /> <br />I <br />