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3.2 The REAL ESTATE IMPROVEMENTS will be at a cost equal to or in excess of
<br />$1,155,000.00, AND THE PERSONAL PROPERTY IMPROVEMENTS will be at a cost equal
<br />to or in excess of $46,035,000.00 for the cost and installation of machinery and equipment, and
<br />shall be substantially completed during the month of July, 2009; provided, that OWNER shall
<br />have such additional time to complete the IMPROVEMENTS as may be required in the event of
<br />"force majeure" if OWNER is diligently and faithfully pursuing completion of the
<br />IMPROVEMENTS. For this purpose, "force majeure" shall mean any contingency or cause
<br />beyond the reasonable control of OWNER including, without limitation, acts of God, or the
<br />public enemy, any natural disaster, war, riot, civil commotion, insurrection, governmental or de
<br />facto governmental action, unless caused by acts or omissions of OWNER, fires, explosions,
<br />accidents, floods, and labor disputes or strikes. The date of completion of the IMPROVEMENTS
<br />shall be set forth in the Certificate of Completion prepared by OWNER and signed by the Mayor
<br />for the City of Paris, Texas.
<br />IV.
<br />Consideration
<br />Improvements
<br />4.1 The OWNER agrees and covenants that it will diligently -and faithfully, in a good
<br />and workmanlike manner, pursue completion of the IMPROVEMENTS as provided herein. As
<br />a good and valuable consideration of this AGREEMENT, OWNER further covenants and agrees
<br />that all construction of the IMPROVEMENTS will be in accordance with all applicable state and -
<br />local laws, codes and regulations or will procure a valid waiver thereof. In further consideration, -
<br />OWNER shall, from the date a Certificate of Completion is issued, or that the
<br />IMPROVEMENTS are completed as agreed, until the expiration of this AGREEMENT,
<br />continuously operate and maintain the PROPERTY and IMPROVEMNETS, including the
<br />specific units of new machinery and equipment as identified herein, as a food and juice
<br />production plant.
<br />V.
<br />Consideration
<br />Jobs
<br />5.1 The OWNER currently employs 382 persons in permanent hull -time jobs at its
<br />Paris, Texas plant that reside in the City of Paris, Texas; and it employs a total of 563 persons in
<br />permanent full-time jobs that reside in Lamar County, Texas. Additionally, OWNER currently
<br />employs 80 or more permanent full-time employees at its Paris, Texas plant that reside in the
<br />Enterprise Zone.
<br />5.2 Not later than January 1, Zulu, OWNER will create at least fifty-seven (57) new,
<br />permanent, full-time jobs at its Paris, Texas, plant for work to be performed substantially either
<br />(a) at the site of the IMPROVEMENTS, or (b) locally in support of operations performed by
<br />others at the site of the IMPROVEMENTS. OWNER contemplates hiring 46 Production
<br />Operators, 6 Maintenance Personnel and 5 Other Personnel to comprise such new, permanent,
<br />full-time jobs. Such jobs shall be filled with priority being given to promote and/or retain among
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