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the unannexed portions of Company's hereirabove described property <br />which would be due to City in accordance with the foregoing <br />provisions of this Agreement on the basis of renditions which <br />shall be filed by Company. <br />When the City or Harris County Appraisal District (as the case may <br />be) valuation on said property of Company has been so finally <br />determined, either as the result of final judgment of a court of <br />competent jurisdiction or as the result of other final conclusion <br />of the controversy, then within .thirty (30) days thereafter <br />Company shall make payment to City of : an'y additional payment due <br />hereunder, or City shall make payment, tb-Company of any refund <br />due,, as the case may be, based on such' final valuation, together <br />with applicable penalties, interests, and costs. <br />B. Should Company disagree with any appraisal made by the <br />independent appraiser selected by City pursuant to Article II <br />above (which shall be given in _writing to Company), Company shall, <br />within twenty (20) calendar days of receiving City's invoice, give <br />written notice to the City of such disagreement. In the event <br />Company does not give such written notice of disagreement within <br />such time period, the appraisal made by said independent appraiser <br />shall be final and controlling for purposes of the determination <br />of "in lieu of taxes" payments to be made under this Agreement. <br />Should Company give such notice of disagreement, Company shall <br />also submit -to the City with- such notice a written statement <br />setting forth what Company -believes to be the market value of <br />Company's hereinabove described property. Both parties agree to <br />thereupon enter into good faith negotiations in an attempt to <br />reach an agreement as to the market value of Company's property <br />for "in lieu" purposes hereunder. If, after the expiration of <br />thirty (30) days from the date the notice of disagreement was <br />received by City, the parties, have not reached agreement as to <br />such market value, the parties agree to submit the dispute to <br />final arbitration as provided in subparagraph 1 of this Article <br />VI <br />Notwithstanding any such disagreement by Company, Company agrees <br />to pay to City on or before December 31 of each year during the <br />term hereof, at least the total of (aj the ad valorem taxes on the <br />annexed portions, plus (b) the total. amount of the "in lieu" <br />payments which would be due hereunder"on the basis of Company's <br />written valuations statement submitted' to City by Company <br />hereunder, or the total assessment and "'in, lieu of taxes" thereon <br />for the last preceding year, whichevor'is higher. <br />1. A Board 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 Judge of the U.S. <br />District Court for the Southern District of Texas <br />A <br />