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9.2 It is understood and agreed between the parties that the OWNER, in performing <br />its obligations hereunder, is acting independently, and the CITY assumes no responsibility or <br />liability in connection therewith to third parties; and OWNER agrees to indemnify and hold <br />harmless the CITY therefrom. It is further understood and agreed among the parties that the <br />CITY, in performing its obligations hereunder, is acting independently, and the OWNER <br />assumes no responsibility or liability in connection therewith to third parties and, to the extent <br />permissible by law, the CITY agrees to indemnify and hold harmless the OWNER therefrom. <br />X. <br />Compliance Provisions <br />10.1 The OWNER agrees that the CITY, its agents and employees, shall have the <br />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 and <br />project costs. Any such audit shall be made only after giving the OWNER notice at least <br />fourteen (14) days in advance and will be conducted in such a manner as to not unreasonably <br />interfere with the operation of the facility. Upon request, the OWNER will provide the CITY <br />with a detailed Asset Report with an itemized list of assets placed into service from the date of <br />execution of this AGREEMENT to December 31, 2014. The Asset Report will provide the date <br />on which the asset was capitalized, the acquisition amount, and the accumulated depreciation <br />amount. At the CITY's request, the OWNER will provide actual invoices to support the <br />amounts shown on the Asset Report. <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 <br />insure that the construction of the IMPROVEMENTS are in accordance with this <br />AGREEMENT and all applicable state and local laws and regulations or valid waiver thereof. <br />After completion of the IMPROVEMENTS, the CITY shall have the continuing right to inspect <br />the PROPERTY to insure that it is thereafter maintained and operated in accordance with this <br />AGREEMENT during the term of the AGREEMENT. All inspections will be made only after <br />giving the OWNER notice at least seventy-two (72) hours in advance, and such inspections <br />shall be conducted in such a manner so as not to interfere with the operation of the facility. <br />Representatives of the CITY inspecting the PROPERTY and improvements shall be <br />accompanied by one (1) or more representatives of the OWNER and shall sign an agreement <br />promising to maintain the confidentiality of any information they obtain in connection <br />therewith except for the purposes of assessing and collecting ad valorem taxes and verifying or <br />enforcing compliance with this AGREEMENT. Said representative shall also be required to <br />observe any facility rule and regulation applicable to the PROPERTY. Nothing herein shall be <br />construed as limiting the CITY's ability to perform inspections or to enter the PROPERTY the <br />subject of this AGREEMENT. <br />XI. <br />Initial and Annual Reporting <br />11.1 The OWNER further agrees that it will, within thirty (30) days of completion of <br />the IMPROVEMENTS, provide CITY with a sworn report, written on OWNER'S letterhead <br />