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would, in turn, allow the Owner to remain competitive with other product offerings in the <br />market. These capital spending investments will be made for the Improvements annually, <br />as is shown in Exhibit A attached hereto. A detailed list of the Improvements proposedto be <br />installed by the Owner in the year 2013 is attached hereto as Exhibit C, and other <br />Improvements will be installed in the Logistics Building in the year 2014, together with the <br />Improvements to be installed in the Baby Care and Child Care Buildings in each of the years <br />2014 through and including 2017, all of which will also be described in the City's Certificate <br />of Completion prepared for the City by the Owner and verified by the City after the <br />completion and installation of the Improvements. Such completed and verified list shall be <br />furnished to and filed with the Chief Appraiser of the Lamar County Appraisal District on <br />an annual basis from 2013 through 2017. The City's Certificate of Completion shall be <br />duly executed by the Mayor of the City of Paris in the form attached hereto as Exhibit D. <br />The Improvements will cost approximately $150,000,000.00 in the aggregate, and shall be <br />substantially completed in various phases prior to December 30, 2017, as is shown on the <br />chart attached hereto as Exhibit E; provided, that Owner shall have such additional time to <br />complete the Improvements as may be required in the event of "force majeure" if Owner is <br />diligently and faithfully pursuing completion of the Improvements. For this purpose, "force <br />majeure" shall mean any contingency or cause beyond the reasonable control of Owner <br />including, without limitation, acts of God, or the public enemy, any natural disaster, war, <br />riot, civil commotion, insurrection, governmental or de facto governmental action, unless <br />caused by acts or omissions of Owner, fires, explosions, accidents, floods, and labor <br />disputes or strikes. The date of completion of the Improvements shall be defined as the <br />date a Certificate of Occupancy is issued by the City of Paris, or as otherwise agreed in <br />writing by the parties. <br />IV. <br />Consideration <br />Improvements <br />4.1 The Owner agrees and covenants that it will diligently and faithfully, in <br />a good and workmanlike manner, pursue the completion of the Improvements. As a good <br />and 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 Owner will procure a valid waiver thereof. In further <br />consideration, Owner shall thereafter, from the date a Certificate of Occupancy is issued or <br />the Improvements are completed as agreed, until the expiration of this Agreement, <br />continuously operate and maintain the Property and the Improvements, including the <br />specific units of new equipment as identified herein, as a production and manufacturing <br />plant. <br />V. <br />Consideration <br />Jobs <br />5.1 The City has provided in its Guidelines and Criteria for Tax Abatements, <br />substantially as follows in this regard: If an existing Employer owns or leases an <br />Authorized Facility (such as the Plant of the Owner herein), and it has plans to improve <br />such property by constructing new improvements on its real property or to add new <br />personal property (which includes equipment, such as that to be constructed by Owner <br />