O-2020-IDA-112 Dana Tank Conatiner, INC.

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within twenty (20) calendar days of receiving City,a invoice, give written notice to the City of such disagreement. In the event Company does not givesuch written notice of -disagreement within such time period, the appraisal made by said independent appraiser shall be final and, controlling for purposes of the determination of "in lieu of taxes" payments to be made -under this Agreement. Should Company gave such notice of disagreement, Company shall also, submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter intogood faith negotiations in an attempt to reach -an agreement as to the triarket value of Company's property for "in lieu,, purposes hereunder. If, after the expiration of thirty (34) days from the date the notice of disagreettient was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article V1(33) . Notwithstanding any such disagreement by Company, company agrees to pay to City on or before December 31 of each year during the term ;hereof, at .least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in, lieu" payments which would be due. hereunder on the basis of Company's :written valuations statement, submitted to City by Company hereunder, or the total, assessment and 'yin lieu of taxesu thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City; and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the 'parties will join in, a written request that the chief Judge of the U.S... District Court for the Southern District of Texas appoint the third arbitrator who, (as the "impartial Arbitrator"), shall preside over the arbitration proceeding: The sole issue to be determined. in the arbitration shall be resolution of the difference between the: parties as to the fair market value of .Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material. evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. 'That decision shall there be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171,. "General Arbitrationil, Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own: -attorneys fees. VII. 8