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2. refuses, fails or neglects to comply with any of the terms of this Agreement; or <br />3. allows ad valorem taxes on the Property or the Facility owed to the City to become <br />delinquent unless Owner timely and properly protests or contests the taxes. <br />Section 5.02. If the City Manager determines that Owner is in default of this Agreement by <br />failing to complete construction of the Facility on or before March 31, 2009 or by failing to pay ad <br />valorem taxes due on the Property or the Facility before they have become delinquent, then the City <br />Manager shall terminate this agreement and the tax abatement for the remainder of the Abatement <br />Period will be deemed rescinded. <br />Section 5.03. If this Agreement is terminated under Section 5.02, Owner will pay to the <br />City the full value of all fee waivers provided for in Section 6 below within 60 days of the <br />termination date. The City will be entitled to record a lien against the Property to secure the full <br />value of the fees so waived if this payment is not timely made. <br />Section 5.04. At the time this Agreement is fully performed by Owner, and upon the written <br />request of Owner the City Manager will execute a certificate in recordable form stating this <br />Agreement has been performed, and Owner will be released of all further duties or obligations under <br />this Agreement. <br />Section 5.05. The remedies set forth in this Agreement may be used in conjunction with <br />one another or separately, and together with any other statutory or common law remedies available <br />to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by <br />Owner will not waive the City's ability to enforce the agreement after that time. <br />PART 6. ECONOMIC INCENTIVES PROVIDED BY THE CITY <br />Section 6.01. As partial consideration for the construction of the Facility and the creation of <br />the jobs by Owner described in Section 2 above, the City agrees to provide the following incentives <br />and benefits to Owner: <br />1. The City agrees to waive all City fees (the "Fee Waiver") associated with zoning, the <br />platting process, and building permits and inspections associated with the <br />construction of the Facility and the installation of the Equipment. The Fee Waiver <br />does not extend to water and wastewater impact fees charged by the City. <br />2. The City agrees to consider any other reasonable requests made by Owner in order to <br />3 <br />