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<br />e <br /> <br />e <br /> <br />'of the difference between the parties as to the fair <br />market value of Company's property for calculation of the <br />"in lieu" payment and total payment hereunder for the <br />year in question. The Board shall hear and consider all <br />relevant and material evidence on that issue including <br />expert opinion, and shall render its written decision as <br />promptly as practicable. That decision sha,ll then be <br />final and binding upon the parties, subject only to <br />judicial review as may be available under the Texas <br />General Arbitration Act (Articles 224-238, Vernon's <br />Annotated Revised civil statutes of Texas). Costs of the <br />arbitration shall be shared equally by the Company and <br />the city, provided that each party shall bear its own <br />attorneys fees. <br /> <br />VII. <br /> <br />City shall be entitled to a tax lien on Company's above described <br />property, all improvements thereon, and all tangible personal <br />property thereon, in t~e event of default in payment of "in lieu <br />of taxes" payments hereunder, which shall accrue penalty and <br />interest in like manner as delinquent taxes, and which shall be <br />collectible by City in the same manner as provided by law for <br />delinquent taxes. <br /> <br />VIII. <br /> <br />This Agreement shall ,inure to the benefit of and be binding upon <br />ci ty and Company, and upon Company's successors and assigns, <br />affiliates and subsidiaries, and shall remain in force whether <br />Company sells, assigns, or in any other manner disposes of, either <br />voluntarily or by operation of law, all or any part of the property <br />belonging to it within the territory hereinabove described, and the <br />agreements herein contained shall be held to be covenants running <br />with the land owned by ~ompany situated within said territory, for <br />so long as this Agreement or any extension 'thereof remains in <br />force. Company shall give City written notice within ninety (90) <br />days, with full particulars as to property assigned and identity <br />of assignee, of any disposition of the Land, and assignment of this <br />Agreement. <br /> <br />IX. <br /> <br />If City enters into an Agreement with any other la~downer with <br />respect to an industrial district or enters into a renewal of any <br />existing industrial district agreements after the effective date <br />hereof and while this Agreement is in effect, which contains terms <br />and provisions more favorable to the landowner than those in this <br />Agreement, Company and its assigns shall have the right to amend <br />this Agreement and City agrees to amend same to embrace the more <br />favorable terms of such agreement or renewal agreement. This <br />Paragraph shall not apply to any Co~rt ordered extension of the <br />term of the Agreement ordered in Southern Ionics, Inc. vs City of <br />La Porte, civil Action H-89-3969, United states District Court, <br />Southern District of Texas. <br /> <br />7 <br />