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<br />e <br /> <br />e <br /> <br />SECTION IX. <br /> <br />Thirty (30) days after September 30, the end of every fiscal year, the Chamber will furnish to <br />City a performance report of its work under this contract, which shall reflect overall activity, <br />meetings, conventions and conferences conducted, identity, and amount of advertising <br />conducted, copies of literature produced as well as a description of direct mailings in the last <br />year, and the expenditures during the year of the funds received pursuant to this contract. <br /> <br />SECTION X. <br /> <br />The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial <br />activity of the Chamber that relates to the use of hotel/motel funds. <br /> <br />SECTION XI. <br /> <br />It is understood and agreed that Chamber shall not in any sense be considered a partner or joint <br />venturer with City, nor shall Chamber be considered nor in any manner hold itself out as an <br />agent or official representative of City. Chamber shall be considered an independent contractor <br />for the purposes of this agreement and shall in no manner incur any expenses or liability on <br />behalf of City. <br /> <br />SECTION XII. <br /> <br />Chamber does further agree to hold City harmless from any and all claims by third parties for <br />any injuries, damage or liability occasioned by Chamber in connection with this agreement. <br /> <br />SECTION XIII. <br /> <br />It is understood and agreed that this contract shall be terminated upon occurrence of any of the <br />following events: <br />a. The giving of written notice by either party to the party at least ninety (90) days prior to <br />the date of termination; <br />b. The termination of the corporate existence of Chamber; <br />c. The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against <br />Chamber, or an assignment by Chamber for the benefit of creditors; <br />d. The breach by Chamber of any of the terms and conditions of this agreement and the <br />continuation of such breach for a period of ten (10) days after written notice is given by <br />City to Chamber of such breach; <br /> <br />SECTION XIV. <br /> <br />In the event of the termination of this agreement as provided in Section XII hereof, Chamber <br />shall submit to City a statement showing any expenses incurred by it for the present year in <br />which said termination takes place and City agrees to reimburse Chamber, to the extent that said <br />monies are collected from the Hotel Occupancy Tax during that year, an amount equal to the <br />lesser of the expenses incurred by the Chamber during that year or the amount of tax collected <br />for that year obligated by thisagreemCfllt. City also realizes that Chamber may have committed <br />themselves to pay expenses for conventions or activities that will occur after the termination of <br />