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as the sole remedy of the City, subject to any and all lawful offsets, settlements, deductions, <br />or credits to which Owner may be entitled. <br />VI. <br />Tax Abatement <br />6.1 Subject to the terms and conditions of this Agreement, and subject to the rights <br />and holders of any outstanding bonds of the City, a portion of ad valorem Property taxes <br />from the Property otherwise owed to the City shall be abated. Said abatement shall be an <br />amount equal to the following percentages of the taxes assessed upon the increased value of <br />the Improvements made by Owner to the Property described in Section III of this Agreement, <br />over the value in the year which this Agreement is executed (the "Base Value"), in accordance <br />with the terms of this Agreement and all applicable state and local regulations or valid <br />waivers thereof; provided that the Owner shall have the right to protest or contest any <br />assessment of the Property and said abatement shall be applied to the amount of taxes finally <br />determined to be due as a result of any such protest or contest: <br />Year 1 <br />100% <br />Year 2 <br />100% <br />Year 3 <br />75% <br />Year 4 <br />75% <br />Year 5 <br />50% <br />Year 6 <br />50% <br />Year 7 <br />25% <br />For the purposes of this Agreement, the Base Value of the existing real property shall be <br />deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as <br />of January 1, 2022. <br />6.2 The abatement granted herein shall be subject to and governed by the Criteria <br />and Guidelines for Tax Abatement, a copy of which is attached hereto as Exhibit 4 and <br />incorporated herein by reference, save and except that, in the event of a conflict between the <br />requirements of Exhibit 4 and this Agreement, this Agreement shall control. <br />6.3 Owner covenants and agrees that subsequent to the date of this Agreement, <br />any application by Owner for a new tax abatement for equipment or real property located <br />within the Property and the Enterprise Zone applicable to this Agreement shall be subject to <br />and governed by the City's Criteria and Guidelines for Tax Abatement in effect at the time of <br />the new application. <br />VII. <br />No Conflict of Interest <br />7.1 The Owner represents and warrants that the Property does not include any <br />Property that is owned or leased by a member of the Planning and Zoning Commission of the <br />4 <br />