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E. A blending cell will be created, including 4 blending kettles complete with <br />ingredient delivery and blending control systems. <br />F. A filling area including the following equipment: One cup filler; one bulk pouch <br />filler; and one single serve pouch filler. <br />G. A product chiller complete with infeed mechanism for pouches and cups. <br />H. A packaging area, including the following equipment: Carton erector for pouches; <br />manual casepacking station for pouches; checkweighing for pouch cases; case <br />sealer for pouch cases; 2 product accumulators for cups; overcapper for cups; <br />labeler for cups; sleever for cups; casepacker for cups; and palletizer for pouch and <br />cup products. <br />I. All-interconnecting conveyance. <br />J. A refrigerated finished goods warehouse complete with gravity flow racking. <br />K. A refrigerated dock complete with dock doors and exterior paving. <br />All such IMPROVEMENTS will be particularly described in the CITY'S Certificate of <br />Completion prepared after the completion and installation of the above described building <br />modifications and improvements, personal property, machinery and equipment. The description <br />shall be furnished to and filed with the Chief Appraiser of the Lamar County Appraisal District. <br />Said Certificate shall be duly executed by the Mayor of the City of Paris in the form attached <br />hereto as Exhibit C. The IMPROVEMENTS will be at a cost equal to or in excess of <br />$45,400,000.00 for the cost and installation of the building modifications, machinery and <br />equipment, and shall be substantially completed during the month of July, 2013; provided, that <br />OWNER shall have such additional time to complete the IMPROVEMENTS as may be required <br />in the 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 Paris, <br />Texas, referred to above. <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 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 />