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<br />. <br /> <br />. <br /> <br />-6- <br />competent jurisdiction or as the result of other final conclusion of <br />the controversy, then within thirty (30) days thereafter Company <br />shall make payment to City of any additional payment due hereunder <br />based on such final valuation, together with applicable penalties, <br />interests, and costs. <br />(B) Should Company disagree with any appraisal made by the <br />independent appraiser selected by City (which shall be given in <br />writing to Company), Company shall, within twenty (20) days of <br />receiving such copy, give written notice to the City of such <br />disagreement. In the event Company does not give such written <br />notice of disagreement within such time period, the appraisal made <br />by said independent appraiser shall be final and controlling for <br />purposes of the determination of "in lieu of taxes" payments to be <br />made under this Agreement. <br />Should Company give such notice of disagreement, Company shall <br />also submit to the City with such notice a written statement setting <br />forth what Company believes to be the market value of Company's <br />hereinabove described property. Both parties agree to thereupon <br />enter into good faith negotiations in an attempt to reach an <br />agreement as to the market value of Company's property for "in lieu" <br />purposes hereunder. If, after the expiration of thirty (30) days <br />from the date the notice of disagreement was received by City, the <br />parties have not reached agreement as to such market value, the <br />parties agree to submit the dispute to final arbitration as provided <br />in subparagraph (1) of this Article VI(B). Notwithstanding any such <br />disagreement by Company, Company agrees to pay to City on or before <br />December 31 of each year during the term hereof, at least the total <br />of (a) the ad valorem taxes on the annexed portions, plus (b) the <br />total amount of the "in lieu" payments which would be due hereunder <br />on the basis of Company's valuations rendered and/or submitted to <br />City by Company hereunder, or the total assessment and "in lieu of <br />taxes" thereon for the last preceding year, whichever is higher. <br />(1) A Board of Arbitrators shall be created composed of one <br />person named by Company, one by City, and a third to be named <br />by those two. In case of no agreement on this arbitrator in 10 <br />