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