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advertising and conducting solicitations and promotional programs to attract tourists to the City or <br /> its vicinity the encouragement, promotion, improvement, and application of the arts, including <br /> instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and <br /> allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, <br /> television, tape and sound recording, and other arts related to the presentation, performance, <br /> execution, and exhibition of these major art forms; historical restoration and preservation projects <br /> or activities or advertising and conducting solicitations and promotional programs to encourage <br /> tourists to visit preset ved historic sites or museums; and, signage directing the public to sights and <br /> attractions that are visited frequently by hotel guests in the City (the"Lawful HOT Uses"). <br /> Section 2.06. "RevPar" means the revenue per available room calculated as the average <br /> daily room rate multiplied by the occupancy of the Building Improvements. <br /> Section 2.07. "Sales Tax Revenue" means the amount of sales and use tax revenues <br /> attributable to all business activities occurring on the Land during the Term collected by the Texas <br /> Comptroller of Public Accounts (or any similar successor tax collection entity of agency of the <br /> State) and that are remitted to and received by the City. For the avoidance of doubt, Sales Tax <br /> Revenue includes revenue generated by the Developer or any tenant or subtenant occupying all or <br /> any portion of the Land. The Developer agrees, and shall have any tenant or subsequent owner or <br /> lessee of the Building Improvements and Hotel, to provide the City or the Comptroller of Public <br /> Accounts with a waiver of the confidentiality of the Sales Tax Revenue reports sourced from the <br /> Land, with a copy of such waiver being attached hereto as Exhibit `E." Sales Tax Revenue also <br /> includes sales tax paid by the Developer on materials sourced to the Land for materials necessary <br /> for the construction of the Hotel. In its approval of this Agreement, the City Council of the City <br /> hereby authorizes the City Manager, or her designee,to issue Sales Tax Revenue reimbursements <br /> to the Developer, as contemplated herein,without further approval by the City Council of the City. <br /> 4 <br />