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VII. CONFIDENTIALITY OF PROPRIETARY INFORMATION. Information that is provided to a taxing unit in connection with an application or request for tax Abatement under these Guidelines and that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property for which tax Abatement is sought is confidential and not subject to public disclosure until the Agreement is executed. Such information in the custody of the City after the Agreement is executed is not confidential under these Guidelines. VIII. PROPOSED TAX ABATEMENT AGREEMENTS TO BE DECIDED ON AN INDIVIDUAL BASIS. The adoption of these Guidelines by the City Council does not (i) limit the discretion of the City Council to decide whether to enter into a specific tax Abatement agreement, or (ii) limit the discretion of the City to delegate to its employees the authority to determine whether or not the City Council should consider a paRicular application or request for tax Abatement, or (iii) create any property, contract, or other legal right in any person or entity to have the City Council consider or grant a specific application or request for tax Abatement. IX. INSPECTIONS. The Agreement shall stipulate that employees andlor designated representatives of the City will have access to the Reinvestment Zone during the term of the Agreement to inspect the facility to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after the giving of at least twenty-four (24) hours' prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the facility. All inspections will be made with one or more representatives of the company or individual and in accordance with its safety standards. Upon completion of construction, the City shall annually evaluate each facility receiving Abatement to ensure compliance with the Aareement and report possible violations of the Agreement to the City Council. X. MODIFICATIONS OF AGREEMENT. At any time before the expiration of an Agreement made under these Guidelines, the Agreement may be modified by the parties to the Agreement to include other provisions that could have been included in the original Agreement or to delete provisions that were contained in the original Agreement. The modification must be made by the same procedure by which the original Agreement was approved and executed. The original Agreement, however, may not be modified to extend the term of the Agreement or the term of the Abatement granted therein beyond the time permitted by state law. XI. ASSIGNMENT. An Agreement may be assigned to a new owner or lessee of the facility only with the prior written consent of the City. Any assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in the Agreement, and the City's -8-