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<br />Agreement by the Developer for the previous calendar year, the City will issue a tax abatement <br />certificate to the Developer validating the Tax Abatement for the current tax year. <br />Section 4.02. At all times until the City's rights to declare default against the Developer <br />have expired, the City will have access to the Property and the Facilities upon reasonable prior notice <br />for the purpose of inspecting them to ensure that the Facilities are constructed, installed, maintained <br />and used in accordance with the terms of this Agreement. <br /> <br />PARTS. DEFAULT <br /> <br />Section 5.01. The City Manager may declare a default under this Agreement if the <br />Developer: <br />1. fails to complete construction of the Facilities by the deadline in Section 2.02 above; <br />2. refuses, fails or neglects to comply with any ofthe terms of this Agreement, including <br />the provision for the creation and maintenance of job equivalents in Section 2.03 <br /> <br />above; <br /> <br />made any representation in this Agreement or in the application to the City for tax <br />abatement that is false or misleading in any material respect; or <br />allows ad valorem taxes on the Property owed to the City to become delinquent <br />unless the Developer timely and properly protests or contests the taxes. <br />Section 5.02. If the City Manager determines that the Developer is in default of this <br />Agreement on a basis other than the failure to create jobs or to pay ad valorem taxes on the Property, <br />the City Manager will notifY the Developer in writing, and if the default is not cured within 60 days <br />from the date of the notice, then the City Council may terminate this Agreement. No cure is allowed <br />for defaults involving the failure to create jobs or to pay ad valorem taxes on the Property. If the City <br />Council terminates this Agreement, the Tax Abatement for the remainder of the Abatement Period <br />will be rescinded. <br />Section 5.03. If the City Manager determines that the Developer has failed to create the full <br />number of full-time job equivalents described in Section 2.03 by the deadline stated in that section, <br />then this Agreement will terminate, and the Tax Abatement will be rescinded. If the City Manager <br />determines that the Developer has failed to maintain the full number of full-time job equivalents <br />during any year of the Abatement Period, then the Developer's Tax Abatement for the following tax <br />year will be limited to A/55 of the taxable value of the Facilities, with "A" being the number of full- <br />3 <br /> <br />,.., <br />.J. <br /> <br />4. <br />