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IMPROVEMENTS include any real or personal property that is owned or leased by a member <br />of the Planning and Zoning Commission of the City of Paris, nor by a member of the City <br />Council approving, or having responsibility for the approval of, this AGREEMENT. <br />IX. <br />Conditions <br />9.1 The terms and conditions of this AGREEMENT are binding upon the parties <br />hereto and their successors and assigns. <br />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 written notice at <br />least fourteen (14) days in advance and will be conducted in such a manner as to not <br />unreasonably interfere with the operation of the facility. Upon request, the OWNER will <br />provide the CITY with a detailed Asset Report containing an itemized list of assets placed into <br />service from the date of execution of this AGREEMENT to December 31, 2014, and annually <br />thereafter. The Asset Report will provide the date on which the asset was capitalized, the <br />acquisition amount, and the accumulated depreciation amount. At the CITY'S request, the <br />OWNER will provide actual invoices to support the 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 is 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 <br />inspect the PROPERTY to insure that it is thereafter maintained and operated in accordance <br />with this AGREEMENT during the term of the AGREEMENT. All inspections will be made <br />only after giving the OWNER written notice at least seventy -two (72) hours in advance, and <br />such inspections shall be conducted in such a manner so as not to interfere with the operation <br />of the facility. Representatives of the CITY inspecting the PROPERTY and improvements <br />shall be accompanied by one (1) or more representatives of the OWNER and shall sign an <br />agreement promising to maintain the confidentiality of any information they obtain in <br />connection therewith except for the purposes of assessing and collecting ad valorem taxes and <br />verifying or enforcing compliance with this AGREEMENT. Said representative shall also be <br />