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,. ~ • <br /> <br />delivery of such notice petition the District Court of Harris County for a <br />declaratory judgment to be tried as other civil causes in which City must <br />establish by a preponderance of the evidence that the assessment of Com- <br />pany°s said property for that year is in fact more than twenty percent (20%) <br />less than the assessment by Harris County for that same year of compar- <br />able properties a If final judgment is entered in any such suit declaring <br />Company's said assessment to be more than twenty percent (20%) less <br />than said assessment by Harris County of comparable properties and de- <br />termining in dollars the proper assessment that should have been placed <br />on Company°s said property by Harris County for the year in question, <br />• then the assessment determined by said judgment shall be used for the <br />purpose of calculating the amount to be paid City in lieu of taxes in accor- <br />dance with the provisions of paragraph (2) above, If final judgment entered <br />in any suit does not find said assessment on Company's property to be <br />more than twenty percent (20%) less than said assessment by Harris <br />County of comparable properties within the District, then the assessment <br />originally established for that year shall be used for the purpose of para- <br />graph (2) above . The costs of any such suit, exclusive of attorney's <br />fees , shall be borne by the losing party . <br />(3) This Industrial Agreement shall extend for a term beginning <br />on the first day of January, 196.b, and continuing thereafter until Decem- <br />• ber 31 , 197 unless extended for an additional period or periods of time <br />as provided by the Texas Municipal Annexation Act upon mutual consent <br />of the parties; provided, however, that in the event this Agreement is <br />not so extended for an additional period or periods of time on or before <br />August 31 , 1972, the agreement of the City not to annex property of Com- <br />pany within the District shall terminate. In this connection, City hereby <br />-5- <br />