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Such cap shall not exceed the increased value requirement as set out in the <br />Abatement Agreement and will be adjusted annually. To determine the <br />amount of each year's exemption, the adjusted cap shall be multiplied by <br />fifty percent (50%) each year, up to a total of ten (10) years. Under no <br />circumstance will any facility be granted the benefit of tax abatement for <br />longer than ten (10) years. <br />C. If the period of Construction extends beyond December 31, 2008, two (2) <br />years from the Effective Date of Abatement, the Improvements shall be considered <br />completed for compliance purposes of abatement. In no case shall the abatement period, <br />inclusive of the Construction period, exceed ten (10) years from the Effective Date of <br />Abatement. <br />VI. TAXABILITY <br />During the period that this Abatement Agreement is in effect, taxes shall be <br />payable as follows: <br />(1) The certified appraised value of the Ineligible Property as determined each <br />year by the Harris County Appraisal District will be fully taxable. <br />(2) The tax abatement shall apply only to Eligible Property which value shall <br />be abated in accordance with the percentage set forth in Section V (B), above. The <br />abatement applied to Eligible Property subject to abatement calculation in any year <br />cannot be greater than the amount by which the value of all property located in the <br />Reinvestment Zone, including Eligible Property subject to abatement calculation, and <br />existing property for the year in which the Agreement is executed, as listed on the <br />appraisal roll for that year, exceeds the Base Year Value. <br />VII. EVENT OF DEFAULT <br />A. During the period covered by this Agreement, the County may declare a <br />default hereunder upon the occurrence of any one or more of the following circumstances <br />or events: <br />1. Failure by the Lessor and/or Lessee to commence construction of the <br />Improvements specified in the Investment Budget of Exhibit C and <br />Section IV of this Agreement by December 31, 2008; or <br />2. If the Lessor and/or Lessee fail, refuse, or neglect to comply with any of <br />the terms of this Agreement; or <br />3. Failure by the Lessor and/or Lessee to comply with TEX. TAX CODE <br />ANN. §22.01, as amended, requiring an annual rendition of all personal <br />property with HCAD; or <br />4. If any representation made by the Lessor and/or Lessee in the Application <br />or in this Agreement is false or misleading in any material respect. <br />5 <br />