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E. Sterilization Process, consisting of a plate and frame sterilizer and supporting hot
<br />water set.
<br />F. Filling Operation, consisting of a 103 Solburn waterfall filler and closer for 5.5
<br />ounce and 8.4 ounce cans, and a 103 Solburn waterfall filler and closer for 11.5
<br />ounce cans.
<br />G. Cooling Process, consisting of a pasteurizer to provide for future carbonated
<br />capability.
<br />H. Packaging Operation, consisting of pre-printed shrink film multi -packing
<br />equipment, a tray -packer and shrink tunnel; and a palletizer; and stretch wrapper
<br />equipment.
<br />All such IMPROVEMENTS will be described in the CITY'S Certificate of Completion prepared
<br />after the completion and installation of the above described building modifications and
<br />improvements, personal property, machinery and equipment. The description shall be fiunished
<br />by OWNER to CITY in OWNER'S sworn report described in Section 11. 1, below and attached
<br />to CITY'S Certificate of Completion. The description shall also be filed with the Chief Appraiser
<br />of the Lamar County Appraisal District. Said Certificate shall be duly executed by the Mayor of
<br />the City of Paris in the form attached hereto as Exhibit C. The IMPROVEMENTS will be at a
<br />cost equal to or in excess of $24,000,000.00 for the capital cost and installation of the building
<br />,modifications, machinery and equipment, and $2,500,000.00 in expense. Site preparation shall
<br />occur during February and March, in 2013; installation shall commence in May, 2013; and
<br />production is expected to commence in October or November, 2013; provided, that OWNER
<br />shall have such additional time to complete the IMPROVEMENTS as may be required in the
<br />event of "force majeure" if OWNER is diligently and faithfully pursuing completion of the
<br />installation of the IMPROVEMENTS. For this purpose, "force majeure" shall mean any
<br />contingency or cause beyond the reasonable control of OWNER including, without limitation,
<br />acts of God, or the public enemy, any natural disaster, war, riot, civil commotion, insurrection,
<br />governmental or de facto governmental action, unless caused by acts or omissions of OWNER,
<br />fires, explosions, accidents, floods, and labor disputes or strikes. The date of completion of the
<br />IMPROVEMENTS shall be reflected in the Certificate of Completion issued by the City of
<br />Paris, Texas, referred to above.
<br />IV.
<br />Consideration
<br />(Improvements)
<br />4.1 The OWNER agrees and covenants that it will diligently and faithfidly, in a good
<br />and workmanlike manner, pursue the completion of the IMPROVEMENTS. As a good and
<br />valuable consideration for this AGREEMENT, OWNER further covenants and agrees that all
<br />construction of the IMPROVEMENTS will be in accordance with all applicable state and local
<br />laws, codes and regulations or will procure a valid waiver thereof. In further consideration,
<br />OWNER shall thereafter, from the date a Certificate of Completion is issued, or that the
<br />IMPROVEMENTS are completed as agreed, until the expiration of this AGREEMENT,
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