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<br />. <br /> <br />e <br /> <br />City on or before the date therefor hereinabove provided, at least <br />t.he ~o~al of C a) the 1:ot:.al amount of ad va.lorem taxes on the <br />annexed portions, plus CD) the total amount of the "in lieu of <br />taxes" on the unannexed portions of Company's hereinabove described <br />property which would be due ~o C1 ty . in accordance wi t.h the <br />foreqoing provisions of this Agreement on the basis of renditions <br />which shall be filed by company. <br /> <br />When the city or Harris county Appraisal oistrict (as the case may <br />be) valuation on said property of Company has been ISO finally <br />determined, either as the result of final jUdgment of a co~ of <br />competent juriSdiction or as the r~sult of other final conclus~on <br />of ~e controversy, then wi ~hin 1:hirt.y (30) days thereafter Company <br />shall make payment to City of any additional payment due hereunder <br />based on such final valuation, together with applicable penalties, <br />interest~, and costs. <br /> <br />B. Should Company disaqree with any' appraisal made by the <br />independent appraiser selected by Ci 1:y pursuant to Article II above <br />(which shall be given in writing to Compal1Y) i Company shall, within <br />twenty (20) days of receiving such copy, give written notice to the <br />City of such disagreeIllent. I:n the event Company does not qi ve such <br />written notice of disagreement within such time peri.od, the <br />appraisal made by said independent appraiser shall be'final and <br />controlling for purposes of the de,term1nation of "in lieu of taxes" <br />payments to be made under this Agreement. <br /> <br />Should.Company give such notice of disagreement, Company shall also <br />submit to the city with such notice a written statement setting <br />forth ~hat Company believes to be the market value of Company's <br />hereinabove described property. Both pa.rties agree to thereupon <br />enter into good faith negotiations in an a1:teJl1pt to reach an <br />agreem.ent as to the market value of COlllpany' s property for n in <br />lieu" purposes hereunder. I:f, after the expiration of thirty (30) <br />days from the date the notice of disagreement was received by City, <br />the parties have not reacbed agreement as to such market value, the <br />parties agree to submit the dispute t~o final arbitration as <br />provided in subparagraph 1 of this ArtiCle VI B. Notwi thstandinq <br />any such disagreement by company, Company agrees to pay to city on <br />or before December 31 of each year durinq the term hereof, at least <br />the total of (a) the ad valorem taxes on the annexed portions, plus <br />(b) the total amount of the "in lieu" paYlUents which would be due <br />hereunder on the basis of Company's valuations rendered and/or <br />submitted to City by company hereunder I or the total assessment and <br />"in lieu of taxes" thereon for the last preceding year, whichever <br />is higher. <br /> <br />1. A Board of Arbitrators shall be created composed of one <br />person naMed by company, one by City, and a ~~ird to be <br />named by those two. In case of no agreement on this <br />. arbitra.tor in 10.. days, the parties will join in a written <br />request that the Chief ~udqe of the U.s. Ois~rict Court <br />for the Southern District of Texas appoint the third <br />arbi tra tor who, (as the II Imp'artial J&.rbi tra tor" ) sha-ll <br />preside over the arbitration proceeding. The sole issue <br />to be determined in the arbitration shall be resolution <br /> <br />6 <br />