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TAX ABATEMENT AGREEMENT FOR REAL PROPERTY LOCATED IN THE LA PORTE REINVESTMENT ZONE " ZONE C" THE STATE OF TEXAS § COUNTY OF TEXAS § This Tax Abatement Agreement (the "Agreement") is made and entered into by and among Harris County on behalf of itself, the Harris County Flood Control District, the Harris County Hospital District, and the Port of Houston Authority of Harris County, Texas, (collectively referred to as the "County"), and Preferred Freezer Services Houston Port, LLC ("Lessee"), a Delaware limited liability corporation, qualified to do business in the State of Texas, and Under Bear, LLC ("Lessor"), a Delaware limited liability corporation and an owner of interests in real property located within the Reinvestment Zone (defined in Section III). I. AUTHORIZATION This Agreement is authorized by the following: (a) the Texas Property Redevelopment and Tax Abatement Act, chapter 312 of the Texas Tax Code, as it exists on the effective date of the City of La Porte Tax Abatement Agreement (the "City Agreement") which is attached hereto as Exhibit A; (b) the City of La Porte Ordinance No. 2005-2809, establishing the property tax abatement program for properties in designated reinvestment zones, a true and correct copy of which is attached hereto as Exhibit A-1; (c) the City of La Porte Ordinance No. 2006-2955 which created the Zone, a true and correct copy of which is attached hereto as Exhibit A-2 and incorporated herein by reference for all purposes; (d) the City of La Porte Ordinance No. 2006-2956 which approved and authorized the City Agreement, a true and correct copy of which is attached hereto as Exhibit A-3 and incorporated herein by reference for all purposes; (e) the Order of Harris County Commissioners Court authorizing this Agreement on behalf of the County; and (f) Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone Created in Harris County, re -adopted by the Harris County Commissioners Court on November 22, 2005 (the "Guidelines") and effective January 1, 2006, attached hereto as Exhibit B and made a part hereof. All definitions set forth therein are applicable to this Agreement, except as otherwise expressly provided in this Agreement. II. DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below: