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<br /> 12.3C- <br /> - Page 4 <br /> the City will issue a tax abatement certificate to Genlyte validating the Tax Abatement for <br /> the current tax year. <br /> B. At all times until the City's rights to declare default against Genlyte have expired, <br /> the City will have access to the Property and facilities of Genlyte upon reasonable prior <br /> notice for the purpose of inspecting them to ensure that the Improvements are constructed, <br /> installed, maintained and used in accordance with the terms of this Agreement. <br /> 5. <br /> DEFAULT <br /> A. The City Council may declare a default under this Agreement if Genlyte <br /> 1. fails to complete construction of the Improvements by the deadline in <br /> Section 2 above; . <br /> 2. refuses, fails or neglects to comply with any of the terms of this <br /> Agreement, including the provision for the creation and maintenance <br /> of jobs in Section 2 above; <br /> 3. made any representation in this Agreement or in the application to the <br /> City for tax abatement that is false or misleading in any material <br /> respect; or <br /> - <br /> 4. allows ad valorem taxes on the Property owed to the City to become <br /> delinquent and fails to timely and properly protest or contest the <br /> taxes. <br /> B. If the City Manager determines that Genlyte is in default of this Agreement on <br /> a basis other than the failure to create or maintain jobs or to pay ad valorem taxes on the <br /> Property, the City Manager will notify Genlyte in writing, and if the default is not cured <br /> within 60 days from the date of the notice (the "Cure Period"), then the City Council may <br /> terminate this Agreement. No cure is allowed for defaults involving the failure to create or <br />