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<br />1) Render information related to FTZ Inventory owned by it and located <br />at the Complex as required by the TEXAS PROPERTY TAX CODE to <br />Harris County Appraisal District ("HCAD"), without regard to and <br />without identifying FTZ Inventory as subject to or eligible for the <br />federal exemption in 19 U.S.C. s810(e), and provide a copy to the <br />City. <br /> <br />2) On or before December 1 sl of each year, during the term of this <br />Agreement (and/or August 1 sl in cases where Company has elected a <br />September 1 sl valuation date for taxation purposes pursuant to TEX. <br />TAX CODE SECTION 23.12(f), Company agrees to certify to the City <br />that it will claim the exemption in 19 D.S.C. s810(e) as it relates to the <br />FTZ Inventory owned by Company, if any, with respect to ad valorem <br />taxes payable to the City on such FTZ Inventory, only at the <br />percentage rate agreed to under Paragraph C of this agreement. <br /> <br />2. Immediately upon execution of this Agreement, the City shall issue a letter of <br />non-objection in substantially the form attached as Exhibit B, which is to be filed <br />as part of the Company's Application to Expand Foreign Trade Zone No. 84 to <br />encompass the Complex <br /> <br />3. Company agrees that this Agreement is necessary for the Expansion of the <br />Foreign Trade Zone No. 84 to include the Complex, and such expansion is in the <br />best interest of the community. Therefore, a violation by Company of this <br />Agreement or a determination of its invalidity would justify a reversal of such <br />expanSIOn. <br /> <br />D. Miscellaneous Provisions <br /> <br />1. Governing Law. This Agreement will be interpreted under the laws of the State <br />of Texas. <br /> <br />2. Binding Effect. This Agreement shall extend to and be binding upon and inure to <br />the benefit of the parties hereto, and their respective legal representatives, <br />successors and assigns. It is agreed that City Taxing Jurisdiction is a beneficiary <br />of this Agreement and shall be entitled to enforce its terms and seek damages for <br />its breach. <br /> <br />3. Entire Agreement. This Agreement supersedes any prior understanding or oral <br />agreements between the parties with respect to the subject matter hereof and <br />constitutes the entire understanding and agreement between the parties with <br />respect to the subject matter hereof, and there are no agreements, understandings, <br />restrictions, representations or warranties among the parties with respect to the <br />subject matter hereof other than those set forth herein or provided for herein. <br />