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Certificate"), together with all information required under the Compliance Certificate <br /> necessary to verify the Developer's material compliance with its obligations under this <br /> Agreement for the preceding year, including a report of the financial performance of the <br /> Hotel portion of the Building Improvements(showing the RevPar)for the applicable rebate <br /> period as well as a line item of eligible Hotel Tax Revenue and the associated spending <br /> category provided by State law, with the completeness and validity of such annual <br /> Compliance Certificate being mutually agreed upon by the Parties within thirty (30) days <br /> of the submittal of such Compliance Certificate by the Developer to the City; <br /> b. the City has received Sales Tax Revenues and Hotel Tax Revenues for the <br /> preceding year from the Texas Comptroller of Public Accounts; and <br /> C. funds are appropriated by the City Council of the City (the "Council") for <br /> the specific purpose of making a Chapter 380 Payment under this Agreement as part of the <br /> City's ordinary budget and appropriations approval process or through any subsequent <br /> appropriation. This requirement is necessary to comply with the Texas Attorney General's <br /> opinions and Texas case law on public debt. <br /> Provided the foregoing conditions have been satisfied and the Developer is, otherwise, in <br /> compliance with this Agreement, the City shall pay to the Developer any Chapter 380 Payments <br /> due within thirty (30) days after the last to occur of the events in subsections (a)through (c). <br /> Section 4.04. No Tax-Exempt Uses, Clawback, and Termination. The Parties hereby <br /> acknowledge that the Land is owned by the University and is tax exempt.However,the Developer <br /> agrees to not engage in any action that would render tax exempt any portion of the Building <br /> Improvements,the Hotel,or any associated personal or real property on the Land or in the Building <br /> Improvements that is subject to ad valorem taxation (a "Tax Status Change"). If the Developer <br /> takes action to cause a Tax Status Change, then this Agreement shall automatically terminate,the <br /> 8 <br />