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CITY-OF-BATESVILLE
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4/30/2019 2:23:32 PM
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in <br />ARTICLE XXIII <br />EXP __ NSION Or r HCl LITIES <br />Section 2301. The progress of Lessee's business may justify an <br />expansion of the Project or the construction of additional industrial facilities <br />(herein referred to as "additional facilities") beyond those that can be financed <br />out of the proceeds of the bonds to such an extent that Lessee may not desire <br />to proceed under the provisions of Section 502 to construct such facilities. There- <br />fore, it is agreed, subject to all of the provisions of this Article Y III, as follows: <br />(a) If Lessee desires to construct additional facilities, it shall notify <br />Lessor and Lessor agrees to proceed under the provisions of Act No. 9 (or any <br />similar then existing legislation authorizing municipalities in the State of Arkansas <br />to issue bonds for the purpose of securing and developing industry) to issue addi- <br />tional bonds, otherwise than under the Indenture, subject to the requirements of <br />Act No. 9 or any such then existing law, to finance such additional facilities. <br />In that event, the Lessor and the Lessee agree to execute a separate: Lease and <br />Agreement covering the financing of such additional facilities and the leasing <br />thereof -to Lessee upon the same terms and conditions as set forth in this Lease <br />and Agreement, subject to any changes or additions that may then be agreed upon <br />by Lessor and Lessee, but there must be included provision for basic annual rent <br />in the amount necessary to provide for the payment of the principal of and interest <br />on any such additional bonds, and the land involved in such expansion program <br />shall automatically be withdrawn from this Lease and Agreement upon becoming <br />subject to a separate Lease and Agreement between Lessor and Lessee. <br />(b) If for any reason the additional facilities cannot be financed under Act <br />No. 9, or any then existing similar law, as provided in sub -paragraph (a) above, or if <br />for any reason Lessee does not desire to so proceed, Lessee shall have the right, upon <br />notice to Lessor, to require Lessor to the extent permitted by Section. 2304 to convey <br />
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