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<br />( <br /> <br />( <br /> <br />e(-- <br /> <br />.r <br /> <br />c <br /> <br />Industrial District Agreement - 9 <br /> <br />available under the Texas General <br />2"24:'" 2 38, Vernon's Annota ted Rev ised <br />Costs of the arbitration shall be <br />pany and the City, provided that <br /> <br />Arbitration Act (Articles <br /> <br />Civ il Statutes of Texas). <br /> <br /> <br />shared equally by the Com- <br /> <br />each party shall bear its <br /> <br />( <br /> <br />own attorneys fees. <br />(C) Should the provisions of Article II(B) of this Agreement <br />become impossible of enforcement because of (1) the invalidity or <br />unenforceabil i ty of the Texas Property Code (S. B. 621, Ac:'ts of the <br />65th Texas Legislature, Regular Session, 1979), or any relevant <br />provision thereof, or (2) because of any material delay or failure <br />to act on the part of the Harris County Appraisal District, then <br />and in any of such events, all payments under this Agreement shall <br />be governed by the provisions of Article II(A) hereof: anything <br />to the contrary in this Agreement notwithstanding. <br />VI. <br />City shall.,be entitled to a tax lien on Company's above-described <br />property, all improvements thereon, and all tang ible personal prop- <br />erty thereon, in the event of defaul t in payment of -II in 1 ieu 'of - <br />taxes" payments hereunder, which shall accrue penal ty, and interest <br />in 1 ike _manneLJ.!i _d~l.inquent taxes, and which shall be collectible <br />by City in the same manner as provided by law for delinquent taxes. <br />VII. <br />Company agrees to provide to City at Company's expense, a survey <br />plat and field note description of the land and improvements which <br />Company petitions to be annexed in accordance with the provisions of <br />Article II above. Such annexation tract shall be contiguous to a <br />point on the existing corporate limits of La Porte. In the event of <br />failure of Company to file either such petition, or such description, <br />City shall have the right by notice in writing to Company to cancel <br />and terminate this ^greement. <br />