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~ • <br />• <br />Industrial District Agreement - 9 <br />available under the Texas General Arbitration Act (Articles <br />224-'l3£~, Vernon':, Annot.-ited R°vised Civil Statutes of Ter.as) . <br />Costs of the arbitration shall be shared equally by the Com- <br />pany and the City, provided that each party shall bear its <br />own attorneys fees. <br />(C) Should the provisions of Article II(B) of this Agreement <br />become impossible of enforcement because of (1) the invalidity or <br />unenforceability of the Texas Property Code (S.B.-621, Acts of the <br />65th Texas Legislature, •Regular Session, 1979), or any relevant <br />• provision thereof, or (2) because of any material delay or failure <br />to act on the part of the Harris County Appraisal District, then <br />and in any of such events, all payments under this Agreement shall <br />be governed by the provisions. of Article II(A) hereof; anything <br />to the contrary in this Agreement notwithstanding. <br />VI. <br />City shall be~entitled to a tax lien on Company's above-described <br />property, all improvements thereon, and all tangible personal prop- <br />erty thereon, in the event of default in payment of "in lieu of <br />tares" payments hereunder, which shall accrue penalty and interest <br />in like manner as delinquent taxes, and which shall be collectible <br />by City in the same manner as provided by law for delinquent taxes. <br />• VII. <br />Company agrees to provide to City at Company's expense, a survey <br />plat and field note description of the land and improvements which <br />Company petitions to be annexed in accordance with the provisions of <br />,fit <br />Article II above. Such annexati~r. tract shall be cont~_g~~ous to a <br />point on tt~e existing corporate limits of La Porte. In the event of <br />failure of Company to file either such petition, or such description, <br />City shall have the right by notice in writing to Company to cancel <br />and terminate this Agreement. <br />~/,Z <br />