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<br />.... ,", .. <br />, <br /> <br />t <br /> <br />. <br /> <br />e <br /> <br />e <br /> <br />question, then the assessment determined by said judgment shall be used tor the <br />purpose of cal.culating the amount to be paid City in lieu of taxes in accordance <br />with the provisions of paragraph (2) above. If final. judgment entered in any <br /> <br />such suit does not find said assessment on Phillips' property to be more than <br /> <br />twenty per cent (20%) less than said assessment by Harris County ot comparable <br /> <br />properties within the District, then the assessment originaJ.ly established for <br />that year shall be used for the purpose of paragraph (2) above. The costs of <br /> <br />any suit, exclusive of attorney's fees, shall be borne by the losing party. <br />(3) This Industrial Agreement shall extend for a term beginning on the <br />tirst day ot January, 1966, and continuing thereafter until December 31, 1972, <br />unless extended tor an additional period or periods of time as provided by the <br />Texas Municipal Annexation Act upon mutual consent of the parties; provided, how- <br /> <br />ever, that in the event this agreement is not so extended for an additional period <br /> <br />or periods of time on or before August 31, 1972, the agreement of the City not <br />to annex property of Phillips within the District shall terminate. In this con- <br />nection, City hereby expresses its beliet that such industrial district agree- <br /> <br />ments are conducive to development ot existing and future industry, are to the <br /> <br />best interest ot aJ.l citizens ot this City, and City hereby encourages tuture <br /> <br />City Commissioners to enter into future industrial agreements and to extend for <br /> <br />additional periods permitted by law this industrial agreement upon the request <br /> <br />of Phillips, its successors or assigns. <br /> <br />(4) Contemporaneously and eftective herewith, Phillips and the other <br />. industries which were parties to the above described agreement dated December 30, <br />1961, which amended and carried torward said agreement dated December 22, 1958, <br /> <br />. <br /> <br />have entered into a further agreement with City terminating said prior agreements <br /> <br />effective as of the effective date hereof. <br /> <br />This agreement shall inure to the benefit ot and be binding upon City and <br /> <br />Phillips, its assignees, successors, aftiliates and subsidiaries, and shall re- <br /> <br />main in force whether Phillips sells, assigns or in any other manner disposes of, <br /> <br />either voluntarily or by operation ot law, all or any part of the property <br />belonging to it within said District, and the agreements herein contained shall <br />be held to be covenants running with the land described in said deeds dated <br />April 4, 1956, and May 12, 1959, for so long as this agreement or any extension <br /> <br />thereof remains in force. <br /> <br />-4- <br />