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�. A 80ard of arbitrators shall be created composed of one <br />person named by Company, one by City, and a third to be <br />named by those two. In case of no agreement on this <br />arbitrator in 10 days, the parties will join in a <br />written request that the Chief Oudgge -of the U.S. <br />Distriappoinct Court for the southern District of Texas <br />Arbitxat the third arbitrator who, (as the „Impaxtj.al <br />shall preside over the arbitration <br />proceeding. The sole issue to be determined In the <br />arbitration shall be between �'esolution of the difference <br />the parties as to the fair market value of <br />Camp?anY's property for calculation of the "in lieu« <br />payment and total payment hereunder for the year question. The Board shall hear and in <br />id <br />rely vant and material evidence on that conser all issue3 In <br />expert opinion, and shall render its written deciding <br />as Pxomptly as practicable, lit decision shall then <br />on <br />be i:inal and binding upon the parties, subject only to <br />Judicial review as may be available under the Texas <br />General Arbitration Act (Chapter 171, "General <br />Arbitrationn, Texas Civil Practice and Remedies Code). <br />costs of the arbitration shall be shared equally by the <br />Company and the city, Provided that each party shall <br />bean- its own attorneys fees. <br />VX1. <br />City shall, be entitled to a tax lien on �Compalzy l s above described <br />Property, er improvements thereon, and all tangible Property thereon, in the event of default in personal <br />Of taxes" ,payments hereunder, payment of is lieu <br />interest in like manner' as delinquenthich shatll accrue penalty and <br />collectible by City in the same anner a s'Providedi by shall be <br />delinquent taxes, law for <br />VIIX. <br />This Agreement shall. inure to the benefit of and be binding upon <br />City and Company, and upon Company's successors <br />affiliates and subsidiaries, and shall remain in forts and aysihe�her <br />voluntarilyorasby , in any other manner disposes of, either <br />prapexty belonging operation oit within of w'thall territory <br />part of the <br />described, and the agreements herein the <br />shall her inaoobe <br />covenants roam ng with the land owned by Company situated within <br />said territory, for so long as this <br />thereof remains in force. this shall gi�venCitarticulatey w�tten�rsietia� <br />within ninety (90) days, with full <br />assigned and identity of assignee, of apny d spositi.on of Property <br />and assignment of thi,b Agreement . the <br />Ix. <br />If City enters ,into an Agreement with any other landowner with <br />respect to an industrial district or enters into a renewal of any <br />