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Doc Bk Vol Pg 00013211 OPR 1679 248 Page 3 calendar year. The City will evaluate the information furnished, and will have the right to request and receive from the Developer additional information needed to help the City determine the Developer's compliance with this Agreement. Upon the City's verification of compliance with this Agreement by the Developer for the previous calendar year, the City will issue a tax abatement certificate to the Developer validating the Tax Abatement for the current tax year. Section 4.02. At all times until the City's rights to declare default against the Developer have expired, the City will have access to the Property and the Facilities upon reasonable prior notice for the purpose of inspecting them to ensure that the Facilities are constructed, installed, maintained and used in accordance with the terms of this Agreement. PARTS. DEFAULT Section 5.01. The City Manager may declare a default under this Agreement if the Developer: 1. fails to complete construction of the Facilities by the deadline in Section 2.02 above; 2. refuses, fails or neglects to comply with any of the terms of this Agreement, including the provision for the creation and maintenance ofj ob equivalents in Section 2.03 above; 3. made any representation in this Agreement or in the application to the City for tax abatement that is false or misleading ,in any material respect; or 4. allows ad valorem taxes on the Property owed to the City to become delinquent unless the Developer timely fu'1d properly protests or contests the taxes. Section 5.02. If the City Manager determines that the Developer is in default of this Agreement on a basis other than the failure to create jobs or to pay ad valorem taxes on the Property, the City Manager will notify the Developer in writing, and if the default is not cured within 60 days from the date of the notice, then the City Council may terminate this Agreement. No cure is allowed for defaults involving the failure to create jobs or to pay ad valorem taxes on the Property. Ifthe City Council terminates this Agreement, the Tax Abatement for the remainder ofthe Abatement Period will be rescinded. Section 5.03. If the City Manager determines that the Developer has failed to create the full