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ARTICLE VI. <br /> Taxes; Tax Increment <br /> Section VIA. Real Property Taxes. The Developer shall pay or cause to be <br /> paid when due and prior to the imposition of penalty, all real property taxes and <br /> installments of special assessments payable with respect to the Development <br /> Property. <br /> Section VI.2 Tax Increment. The Authority, as consideration for its <br /> transfer of the Development Property to Developer hereunder, shall apply the Tax <br /> Increment to reimbursement for the cost of the Development Property up to the fair <br /> market value of the Development Property as shown in the Appraisal (the "Property <br /> Value"). <br /> The Developer agrees that, prior to the Maturity Date, to the extent the following <br /> actions will cause real property taxes payable with respect to the Development <br /> Property to fall below an amount necessary to generate Tax Increment sufficient to <br /> reimburse the Authority for the Property Value, it will not: <br /> (a) Seek administrative review or judicial review of the applicability of <br /> • any tax statute determined by any Tax Official to be applicable to the Development <br /> Property, or to the Developer, or raise the inapplicability of any such tax statute as <br /> a defense in any proceedings, including delinquent tax proceedings; <br /> (b) Seek administrative review or judicial review of the constitutionality <br /> of any tax statute determined by any Tax Official to be applicable to the <br /> Development Property, or to the Developer, or raise the unconstitutionality of any <br /> such tax statute as a defense in any proceedings, including delinquent tax <br /> proceedings; <br /> (c) Cause a reduction in real property taxes paid in respect of the <br /> Development Property through: <br /> (i) willful destruction of the Development Property or any part <br /> thereof; <br /> (ii) willful refusal to reconstruct damaged or destroyed property <br /> pursuant to Article V of this Agreement; <br /> (iii) a request to the city assessor of the City or the county assessor <br /> of the County to reduce the Market Value or assessed value of all or any <br /> 110 portion of the Development Property; <br /> 12 <br /> BeckP 548540.1 <br />