Phase 1 construction must commence by December 31, 2027, with a target completion date of December 31, 2029; the project entity may extend these dates only once, by one year, with timely written notice.

To receive the Phase 1 abatement, the project must make at least $1 billion in capital investment in the Phase 1 improvements by the second anniversary of delivering the Phase 1 completion certificate.

The project entity must create at least 50 permanent, full-time jobs at the project before the second anniversary of delivering the Phase 1 completion certificate and must make reasonable efforts to hire Haskell County residents.

The project entity and its contractors must make reasonable commercial efforts to use Haskell County labor, services, supplies, and businesses, subject to exceptions for differences in quality, price, qualifications, availability, or schedule.

The project entity must provide surveyed legal descriptions for project phases, with the Phase 1 area due within one year after the agreement's effective date; no more than four non-overlapping phases may qualify for abatement.

A phase must receive a completion certificate by the applicable deadline to qualify for abatement: the agreement permits abatements for phases certified by December 31, 2035, while another provision states that the agreement applies only to phases certified by December 31, 2039.

The project must continuously operate during the agreement's term to retain the abatement, except for force majeure and specified commercially reasonable shutdowns such as repairs, maintenance, weather, repowering, regulatory requirements, and standby periods.

Improvements for each phase must remain in place and operational, to the extent commercially reasonable, for at least 15 years after that phase's completion certificate, although replacements within the reinvestment zone are permitted.

The abatement requires annual payments in lieu of taxes: 25% of the otherwise applicable County Taxes on Phase 1 real-property improvements and 20% for Phases 2 through 4, payable by January 31 of the following calendar year.

For each year in which an abatement applies, the project entity must fund a $20,000 annual charitable donation to local governmental or charitable organizations designated by the County.

The project entity must submit an annual certificate of compliance by April 30 and certify compliance with the agreement and timely payment of ad valorem taxes.

The project entity must file an annual Texas Comptroller Form 50-116 exemption application with the Haskell County Appraisal District by April 30 of each tax year for which an abatement is claimed.

County employees may inspect the improvements after 10 business days' advance notice, and the County must annually evaluate each facility receiving abatement and report compliance to the Commissioners Court.

The project entity must provide appraisal information to the Chief Appraiser by April 15 during each abatement period and must pay the Interest and Sinking portion of County ad valorem taxes, as well as taxes owed to other taxing jurisdictions.

Within 90 days after the agreement's effective date, the project entity must execute a road-use, maintenance, and crossing agreement and must promptly repair damage to County roads and drainage systems caused by construction or operation.

The County may terminate the agreement and recapture abated taxes, less PILOT payments, plus statutory delinquent-tax interest if the project entity fails to cure a material default, including failure to satisfy agreement obligations or payment obligations.

Assignments of the agreement generally require approval by County resolution or Commissioners Court order, except for assignments to affiliates or qualifying investor-group entities; assignees must assume applicable obligations and cannot be delinquent on required payments.

Provides a 100% abatement of the County’s ad valorem property taxes, excluding the Interest and Sinking portion, on eligible data-center improvements and business personal property in the reinvestment zone.

Allows the abatement to cover up to four separately surveyed project phases, with a separate ten-year abatement period for each qualifying phase; each phase is treated independently for compliance and default purposes.

Allows the project to make payments in lieu of taxes instead of the abated County taxes: 25% of the otherwise applicable County taxes on Phase 1 improvements and 20% for Phase 2, Phase 3, and Phase 4 improvements.

Permits the abatement to apply to buildings, parking, infrastructure, facilities, fixtures, servers, racks, backup generators, machinery, and other eligible business personal property installed or used as part of the data center after the agreement’s effective date; land and pre-existing personal property are excluded.

Allows the abatement period for each phase to begin on January 1 of the year after the project entity submits that phase’s completion certificate, rather than beginning on the agreement’s effective date.

Permits construction of Phase 1 to start by December 31, 2027, with a completion goal of December 31, 2029, and gives the project entity a one-time right to extend those anticipated dates by one year through written notice.

Allows the project entity to terminate the agreement for any reason without liability before December 31, 2029, if it gives the County at least 30 days’ prior written notice.

Suspends affected nonpayment obligations during qualifying Force Majeure events, including permitting delays, inability to obtain materials or labor, governmental orders, severe weather, fires, floods, epidemics, and other events beyond the affected party’s reasonable control.

Treats commercially reasonable periods when the project is unable or unwilling to operate—such as repairs, maintenance, curtailments, weather, repowering, regulatory requirements, and standby periods—as “Other Events” that do not by themselves defeat the abatement.

Extends the agreement’s abatement rights and PILOT terms to the project entity’s successors, affiliates, permitted assigns, and qualifying investor groups for the applicable ten-year period.

Allows assignments to affiliates and entities within an investor group without County consent, provided written notice is given and the assignee assumes the applicable obligations; collateral assignments to lenders or other financing parties require neither County consent nor notice.

Limits the County’s remedies for a breach to cancellation of future abatement rights, recapture of abated taxes as specified in the agreement, and reasonably incurred court costs and attorneys’ fees.

Protects the agreed tax abatement from later state tax-law changes unless a statutory change expressly and validly requires retroactive application.

Requires the County to notify the project entity before disclosing potentially confidential, proprietary, or trade-secret information under public-records law and, when legally permitted and reasonably justified, to seek a Texas Attorney General determination.

The project must achieve at least $1 billion in capital investment for Phase 1 by the second anniversary of the Phase 1 completion certificate to qualify for the abatement.

Phase 1 construction is expected to begin by December 31, 2027, and be completed by December 31, 2029; the project entity may extend these dates only once, for one year, by timely written notice.

The project entity must submit a surveyed legal description of the Phase 1 area within one year after the agreement's effective date.

The agreement permits no more than four phases, and a phase must have a completion certificate submitted by December 31, 2039 to receive abatement.

The project must create at least 50 permanent full-time jobs by the second anniversary of delivery of the Phase 1 completion certificate, with each job involving work performed in Haskell County.

The project entity must make reasonable efforts to hire Haskell County residents, including advertising locally and holding at least one local job fair if it holds job fairs.

The project entity and its contractors must use reasonable commercial efforts to maximize purchases of Haskell County labor, services, and supplies, subject to exceptions for quality, comparable terms and pricing, qualifications, and availability.

The project entity must designate a local-services coordination department and advertise for local construction contractors in Haskell County before construction begins.

The project entity must execute a road use, maintenance, and crossing agreement within 90 days after the agreement's effective date.

The project entity must minimize disruption to county roads and drainage, promptly repair project-related damage, and comply with any controlling road-use agreement.

The project entity must pay a payment in lieu of taxes equal to 25% of applicable county taxes on Phase 1 real-property improvements, and 20% for Phases 2 through 4, with payment due by January 31 of the following year.

For each year in which an abatement applies, the project entity must fund a $20,000 charitable donation to designated local governmental or charitable organizations.

The project entity must keep each completed phase in place and operational, subject to commercially reasonable shutdowns and replacement, for at least 15 years after delivering that phase's completion certificate.

The project entity must submit an annual compliance certification by April 30 and provide requested documentation demonstrating compliance.

The project entity must submit required property information to the chief appraiser by April 15 during each abatement period and file an annual Form 50-116 exemption application with the appraisal district by April 30.

County representatives may inspect the improvements with 10 business days' advance notice, and the county must conduct annual compliance evaluations after construction.

The project entity must pay the county's $1,000 administrative fee, publication fees, and reasonable attorneys' fees and expenses related to negotiating, implementing, or enforcing the agreement.

A material default, delinquent county or other Haskell County property taxes, or failure to cure a violation can terminate the agreement and require repayment of abated taxes, less PILOT payments, plus statutory delinquent-tax interest.

Assignments generally require Commissioners Court approval, and approval may be denied for an uncured default or delinquent PILOT, county, or other Haskell County taxes; assignments must also transfer the applicable obligations.

The project entity must maintain commercial general liability insurance with aggregate limits of at least $5 million, workers' compensation coverage as required by Texas law, and casualty insurance covering the full insurable value of the eligible facilities.

The project entity may terminate the agreement without liability only by giving written notice at least 30 days before termination and doing so before December 31, 2029.

The tax abatement application process requires a detailed project description, improvement list, property map and description, construction schedule, and potentially financial and other information requested by the county.

For an abatement request involving planned improvements valued at $1 million or more, the guidelines require a nonrefundable $1,000 application fee.

Before approving an abatement, the county must provide statutory notice, publish notice in a newspaper at least seven days before the public hearing, and hold a public hearing.

The guidelines require eligible facilities to be reasonably expected to produce at least $1 million in positive net economic benefit to Haskell County over the abatement period and prohibit projects expected primarily to transfer employment within the county.

The guidelines make ineligible property fully taxable, including maintenance, supplies, tools, furnishings, vehicles, housing, deferred-maintenance improvements, and property intended to be rented or leased except as allowed by the guidelines.

The guidelines require the additional value of new eligible property to be fully taxable after the abatement period ends.

100% property tax abatement for eligible data-center improvements and business personal property, excluding the County’s Interest and Sinking portion. It requires Phase 1 to reach at least $1 billion in capital investment, operate continuously subject to specified exceptions, and submit a completion certificate.

Ten-year abatement period is available for each qualifying phase, with up to four phases eligible if the required completion certificates are submitted by the agreement’s deadline. Future phases use a 20% PILOT rather than the 25% Phase 1 PILOT.

Payment in lieu of taxes replaces most abated County taxes: 25% of otherwise applicable County taxes on Phase 1 real-property improvements and 20% for Phases 2 through 4. Payments are due by January 31 of the following calendar year.

Data centers and computer servers are eligible facilities under the County’s abatement guidelines. Eligible property can include buildings, fixed machinery and equipment, site improvements, and related fixed improvements necessary to operate the facility.

One-year construction-date extension lets the project extend its anticipated Phase 1 construction and completion dates by one year by giving timely written notice to the County Judge.

Force majeure suspends affected obligations when events outside a party’s reasonable control prevent performance. The party must give notice within 20 business days, take reasonable steps to mitigate the event, and resume performance when possible; payment obligations are not suspended.

Other operational events do not defeat the abatement when the project is temporarily nonoperational because of repairs, maintenance, curtailment, weather, repowering, casualty, regulatory requirements, standby periods, or other commercially reasonable periods. The PILOT obligation continues during those periods.

Assignment to affiliates and investor groups without County consent allows financing, ownership, and operational interests to be transferred to affiliates or investor-group entities by notice. Stock transfers and collateral assignments to lenders also do not require County consent, subject to assumption of applicable obligations and no uncured default or tax delinquency.

Access to County roads supports construction and operation using designated County roads. The project must preserve public access and repair County-road or drainage damage it causes, with County approval required for repairs or roadway improvements.

Reasonable commercial efforts for local goods and services permits the project and its contractors to use Haskell County suppliers and labor while allowing nonlocal sourcing when local goods or services lack comparable quality, terms, price, qualifications, approvals, or availability on the required schedule.

Confidential-information notice and Attorney General review process requires the County to notify the project entity before disclosing potentially confidential, proprietary, or trade-secret information under public-records law. If the project timely objects, the County must request an Attorney General determination when it believes a valid exception may apply.

Recapture is the County’s sole remedy for a qualifying default, generally limited to cancellation of future abatements, recapture of abated taxes less PILOT payments, statutory interest, and reasonably incurred court costs and attorneys’ fees.

Cure periods and judicial protection before termination give the project 60 days to cure a default, or up to 150 days when performance must continue beyond 60 days. The agreement also prevents termination while a judicial proceeding determines whether a default or adequate cure exists.

Protection against later state tax-law changes preserves the abatement against changes enacted after the agreement date unless the later law expressly and validly applies retroactively.

Phase 1 requires at least $1 billion in capital investment, with construction anticipated to begin by December 31, 2027, and completion targeted by December 31, 2029. The project entity may extend those anticipated dates once by one year with timely written notice.

The agreement permits tax abatements for no more than four phases. One provision requires a phase certificate by December 31, 2035, while another states that the agreement applies only to phases certified by December 31, 2039.

The project entity must create at least 50 permanent full-time jobs at the project within two years after delivering the Phase 1 completion certificate and must make reasonable efforts to hire Haskell County residents.

Improvements for each phase must remain in place and operational, to the extent commercially reasonable, for at least 15 years after the phase certificate is delivered, subject to specified repair, replacement, repowering, shutdown, and other operational exceptions.

The project entity must continuously operate the project during the agreement term, except for force majeure and listed other events such as repairs, maintenance, weather, regulatory requirements, and commercially reasonable standby periods.

The project entity must make annual payments in lieu of taxes: 25% of otherwise applicable County Taxes for Phase 1 and 20% for Phases 2 through 4. Payments are due by January 31 of the following calendar year.

Separate from PILOT payments, the project entity must provide an annual $20,000 charitable donation for each year in which an abatement applies, subject to the County's designation of beneficiaries.

Under the revised proposal for the Crusoe project, the project entity must pay a $10 million agreement-execution payment in four quarterly installments and at least $10 million annually, or 25% of hypothetical County taxes, whichever is greater, during the first 10-year abatement.

Under the revised Crusoe proposal, each phase requires $600,000 in annual community investment payments during its 10-year abatement, with up to $42 million across seven phases, plus $1.5 million in one-time public-safety contributions.

A second 10-year abatement is limited to new improvements, expansions, or equipment modernization after the initial abatement; it must be triggered within 24 months after the initial abatement ends, and the original investment cannot be abated again.

The project entity must submit an annual certificate of compliance by April 30 and certify that it is meeting the agreement's material obligations and has timely paid applicable ad valorem taxes.

The project entity must provide the appraisal district with required information by April 15 and file an annual property-tax-abatement exemption application by April 30 for each tax year in which it claims the abatement.

County employees may inspect the facilities annually after giving at least 10 business days' advance notice, subject to safety, security, confidentiality, and noninterference requirements.

The project entity must execute a road-use, maintenance, and crossing agreement within 90 days after the agreement's effective date, minimize construction and operational disruption to County roads and drainage, and promptly repair project-related damage.

The project entity and its contractors must use reasonable commercial efforts to use Haskell County labor, services, and supplies, advertise locally for construction contractors, and use local vendors only when they meet specified quality, price, qualification, availability, and scheduling conditions.

A material default, including failure to meet obligations or delinquency in required taxes, can terminate the abatement and require repayment of abated property taxes, less PILOT payments already made, plus statutory delinquent-tax interest.

The County grants a 100% abatement of County ad valorem property taxes, excluding the Interest and Sinking tax portion, on eligible data-center improvements and business personal property such as servers, racks, generators, and related equipment. The abatement lasts ten years for each qualifying phase and requires the project to meet the agreement's investment, construction, operational, and compliance conditions. 100% property tax abatement

Instead of the abated County taxes, the project pays a PILOT based on a reduced percentage of otherwise applicable County taxes: 25% for Phase 1 and 20% for Phases 2 through 4. PILOT equal to 25%

The agreement permits up to four separate, non-overlapping project phases, with a separate ten-year abatement period for each phase. Phase certificates must generally be submitted by December 31, 2039, and the phase abatements cannot exceed ten years. tax abatement for a ten-year period for up to four Phases

The revised proposal provides a second ten-year abatement for each phase, but only for new improvements, expansions, or equipment modernization placed on the property after the initial abatement ends. The project must trigger it within 24 months, and the original investment cannot receive a second abatement. second 10-year abatement limited to new improvements

The proposal establishes negotiated project payments, including a $10 million agreement-execution payment and Phase 1 annual PILOT payments of at least $10 million or 25% of hypothetical County taxes, whichever is greater. Agreement Execution Payment: $10,000,000

The proposal provides County-funded public-safety and communications infrastructure tied to the project, including $700,000 for four deputy salaries, $300,000 for patrol vehicles, and $500,000 for a communications radio tower and repeater. Public Safety Improvements

The project may extend the anticipated Phase 1 construction start and completion dates by one year by giving timely written notice to the County Judge. one-time right to extend

The project entity may terminate the agreement for any reason without liability before December 31, 2029, if it gives the County at least 30 days' prior written notice. terminate this Agreement for any reason

Force majeure events suspend affected nonpayment obligations, and specified operational interruptions such as repairs, maintenance, weather, regulatory requirements, and standby periods do not by themselves defeat the project's continuous-operation condition. PILOT obligations remain payable during those specified operational interruptions. Other Events

The project entity may assign project rights and responsibilities to affiliates or qualifying investor-group entities without County consent, subject to written notice and the assignee assuming the applicable agreement obligations. This facilitates ownership transfers and project financing. assign its rights and responsibilities

The agreement protects the abatement from later changes in state tax law unless a statutory change expressly and validly requires retroactive application to the agreement. no changes in state tax laws

County inspections must receive at least ten business days' advance notice and must be conducted with project representatives in a way that does not unreasonably interfere with construction or operations and complies with applicable confidentiality and security standards. 10 business days advance notice

The Phase 1 project must achieve at least $1 billion in capital investment by the second anniversary of the date its Certificate of Completion is submitted to qualify for the abatement.

The project must create at least 50 permanent full-time jobs by the second anniversary of the Phase 1 Certificate of Completion, with each employee performing part of the work in Haskell County.

The project must continuously operate during the agreement term, except for Force Majeure and specified commercially reasonable shutdown or non-operational events.

For each abated year, the project must pay a PILOT equal to 25% of applicable County Taxes for Phase 1 improvements and 20% for Phase 2, 3, or 4 improvements.

For each year in which an abatement applies, the project must fund a $20,000 charitable donation to County-designated local governmental or charitable organizations.

The project must submit a surveyed legal description of the Phase 1 area within one year after the agreement's Effective Date.

The project must execute a Road Use, Maintenance and Crossing Agreement within 90 days after the agreement's Effective Date.

The project must file an annual Certificate of Compliance by April 30 of each year in which an abatement applies and provide supporting documentation requested by the County.

The project must provide the Chief Appraiser with required project information by April 15 during each abatement period.

The project must submit an annual property-tax-abatement exemption application to the Haskell County Appraisal District by April 30 for each tax year in which an abatement is claimed.

The County may inspect abated improvements after 10 business days' advance notice, and must annually evaluate each facility receiving an abatement.

The project and its contractors must use reasonable commercial efforts to maximize purchases of Haskell County labor, services, and supplies, subject to exceptions for quality, comparable pricing, qualifications, availability, and scheduling.

The project must advertise for local construction contractors in Haskell County newspapers and designate a Local Services Coordination Department and telephone number before construction begins.

A transfer of the agreement generally requires approval by the County Commissioners Court, except for specified transfers to affiliates or investor-group entities; the assignee must assume applicable obligations and cannot be delinquent on PILOT or property-tax payments.

No material may be installed, constructed, rebuilt, relocated, enlarged, or modified within a Haskell County road right-of-way without an executed County right-of-way permit.

Right-of-way materials generally may cross a County road only as close as possible to perpendicular; installations parallel to a roadway require express approval from the Commissioners Court and the relevant County Commissioner.

Pipeline crossings under surfaced County roads generally must be bored and encased across the entire right-of-way, with limited exceptions for natural-gas lines.

Right-of-way installations must meet minimum depth-of-cover requirements, including at least 36 inches for many installations and up to 60 inches for crossings or specified utility types.

Cuts through paved County roads require approval from the Commissioners Court and the relevant Commissioner; open-cut work is allowed only through a variance when boring is impracticable and requires specified compaction, testing, restoration, and notice procedures.

Right-of-way work requires temporary traffic controls, compliance with the Texas Manual on Uniform Traffic Control Devices, and keeping the roadway open unless the County specifically authorizes a temporary closure.

The right-of-way permit holder must notify the Commissioners Court at least 48 hours before beginning work and at least 48 hours before permanent backfilling.

The permit imposes a $500 fee for each cut of a County road during or incident to installation, maintenance, or repair of facilities.

The permit holder must repair roadway and fence damage, pay for unrepaired damage, and bear the costs of required maintenance, corrective work, relocation, and changes to right-of-way facilities.

The right-of-way permit holder must indemnify and hold Haskell County and its agents and employees harmless from third-party judgments and defense expenses arising from the permitted operations.

The County may require a right-of-way utility line to be lowered or relocated at the grantee's expense on 30 days' written notice.

Failure to cure a material agreement default within 60 days, or to diligently continue a cure that requires more time, can result in termination and recapture of abated taxes, with an outside cure period of 150 days.

100% property tax abatement applies to qualifying taxable business personal property and real-estate improvements, excluding the County’s interest-and-sinking tax rate. The abatement lasts ten years for each qualifying phase, subject to the agreement’s conditions, including a minimum $1 billion Phase 1 capital investment and continued operation.

The project may pay a reduced payment in lieu of taxes instead of the abated County taxes: 25% of applicable County Taxes for Phase 1 improvements and 20% for Phase 2 through Phase 4 improvements. Payments are due by January 31 of the following calendar year.

The agreement allows up to four separate development phases, each with its own surveyed area and ten-year abatement period. A phase qualifies if its Certificate of Completion is submitted by the applicable deadline, with the agreement allowing phases submitted by December 31, 2039.

The abatement and payment-in-lieu-of-tax rights extend to the project entity’s successors, affiliates, permitted assigns, and applicable investor groups for ten years after the Phase 1 certificate is received by the County.

The project entity may assign its rights and responsibilities to affiliates or investor-group entities acquiring an interest in the project without County consent, provided notice is given and the assignee assumes the applicable obligations. Collateral assignments to lenders or financing parties require neither County consent nor notice.

The project entity may extend the anticipated Phase 1 construction commencement and completion dates by one year by giving the County Judge timely written notice.

Force majeure suspends affected nonpayment obligations while the event continues, and listed commercially reasonable shutdowns—including repairs, maintenance, weather, casualty, regulatory requirements, and standby periods—do not prevent the project from satisfying the continuous-operation condition, although they do not excuse PILOT payments.

The agreement provides substantial default-cure protection: the project entity generally has 60 days to cure, may receive up to 150 days when performance requires more time if it begins and diligently continues the cure, and no termination occurs while a judicial proceeding concerning the alleged default is pending.

If the agreement is terminated for default, the County’s remedies are limited to cancellation of future abatement, recapture of abated taxes less PILOT payments, applicable delinquent-tax interest, and reasonably incurred court costs and attorneys’ fees.

Changes in state tax laws after the agreement date do not affect the abatement unless the statutory change expressly and validly requires retroactive application.

The local-goods requirement is limited to reasonable commercial efforts and does not require use of local vendors whose quality, terms, price, qualifications, approvals, or availability are inadequate. A comparable local price may be up to 105% of the nonresident price, and goods and services from nearby counties are permitted.

County inspections must receive at least ten business days’ advance notice, must not unreasonably interfere with construction or operations, and must follow applicable safety, security, and business-confidentiality standards.

The project entity must execute a road-use, maintenance, and crossing agreement within 90 days after the tax-abatement agreement’s effective date, creating a contractual framework for road use and utility crossings needed for construction and operation.

The County right-of-way permit framework allows pipelines and utilities to be installed across County roads, generally by boring, and provides a process for Commissioners Court to approve variances when boring is impracticable. It also specifies construction standards, utility-cover depths, traffic-control requirements, and road-restoration obligations.

Phase 1 must receive a surveyed legal description and depiction within one year after the Agreement's effective date. Phase 1 Area ... on or before the first anniversary

To qualify for the Phase 1 abatement, the project must achieve at least $1 billion in capital investment by the second anniversary of the Phase 1 completion certificate. minimum capital investment of $1 billion dollars

The project must create at least 50 permanent full-time jobs by the second anniversary of delivery of the Phase 1 completion certificate, with each employee performing part of the work in Haskell County. create at least fifty (50) permanent full time jobs

The improvements must be continuously operated during the Agreement's term, subject to Force Majeure and specified commercially reasonable shutdowns such as repairs, maintenance, weather, regulatory requirements, and standby periods. continuously operates the same within the Term

Each phase's improvements must generally remain in place and operational for at least 15 years after its completion certificate, although replacement within the Reinvestment Zone is allowed. remain in place and operational

The County tax abatement excludes the County's Interest and Sinking tax rate, so those taxes remain payable. SAVE AND EXCEPT its I&S tax rate

The project must make annual payments in lieu of taxes equal to 25% of applicable County Taxes for Phase 1 improvements and 20% for Phases 2 through 4, with payment due by January 31 of the following year. PILOT equal to

For every year in which an abatement applies, the project must fund a $20,000 annual charitable or public-benefit donation in Haskell County. annual charitable donation

The project entity must submit annual compliance certification by April 30, provide requested supporting documentation, and file a separate annual property-tax abatement exemption application with the appraisal district by April 30. On or before April 30 of each year

During each abatement year, the project entity must furnish the Chief Appraiser with required information by April 15, and the appraisal district determines both certified appraised value and taxable value for administration of the abatement. by April 15th, furnish the Chief Appraiser

Within 90 days after the Agreement's effective date, the project entity must execute a separate Road Use, Maintenance and Crossing Agreement and must promptly repair County-road or drainage-system damage caused by construction or operation. Within 90 days after the Effective Date

The project entity and its contractors must make reasonable commercial efforts to use Haskell County labor, businesses, supplies, and services and must advertise construction opportunities in local newspapers, subject to quality, price, qualification, availability, and scheduling exceptions. use reasonable commercial efforts to use Haskell County area businesses

The County may inspect the improvements with 10 business days' advance notice, and after construction it must annually evaluate each facility receiving an abatement and report to Commissioners Court. 10 business days advance notice

A material default, delinquent required taxes, or failure to cure within the specified cure periods can terminate the Agreement and require repayment of abated taxes, less PILOT payments, plus delinquent-tax interest. recapture any and all property taxes

Assignments generally require approval by the County Commissioners Court, except assignments to affiliates or qualifying investor-group entities; an assignment cannot be approved while an uncured default or specified tax or PILOT delinquency exists. may not be assigned ... without the approval

Provides a 100% abatement of Haskell County ad valorem taxes on eligible data-center improvements and business personal property, excluding the County's interest-and-sinking tax rate. The abatement begins on January 1 of the tax year after the County Judge receives the applicable completion certificate and requires Phase 1 to achieve at least $1 billion in capital investment and continue operating, subject to stated exceptions. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=100%25%20property%20tax%20abatement)

Reduces the remaining County tax burden through payments in lieu of taxes: 25% of otherwise applicable County taxes on Phase 1 real-property improvements and 20% for Phases 2 through 4. Payments are due by January 31 of the following calendar year. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=PILOT%20equal%20to)

Allows up to four separately surveyed project phases, with a separate ten-year abatement period for each phase if the required completion certificate is submitted by the applicable deadline. Phase certificates may be submitted through December 31, 2039, while the agreement separately states that a ten-year abatement is available for phases certified by December 31, 2035. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=up%20to%20four%20(4)%20Phases)

Allows the project entity to extend the anticipated Phase 1 construction start and completion dates by one year by giving timely written notice to the County Judge. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=one%20(1)%20year%20by%20giving%20written%20notice)

Treats force-majeure events, including permitting delays beyond the project's reasonable control, as suspending affected obligations while the event continues, provided the project entity gives prompt notice, uses reasonable efforts to address the problem, and resumes performance as soon as possible. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=inability%20to%20obtain%20or%20delays%20in%20obtaining%20additional%20necessary%20rights-of-way%20or%20permits)

Permits continued abatement during specified commercially reasonable nonoperational periods, including repairs, maintenance, weather, casualty, regulatory requirements, and capacity- or contract-related standby periods. The project entity must still make the required PILOT payments during those periods. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=Other%20Events%20means%20periods%20of%20time%20during%20which%20the%20Project%20is%20not%20operational)

Allows assignments to affiliates and qualifying investor-group entities without County consent, provided written notice is given and the assignee assumes the applicable obligations. Collateral assignments to lenders or other financing parties require neither County consent nor notice, and transfers of ownership interests in the project entity are not treated as assignments. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=may%20assign%20its%20rights%20and%20responsibilities%20hereunder%20without%20the%20County%20Authorities%20consent)

Extends the abatement and PILOT arrangements to successors, affiliates, permitted assigns, and applicable investor-group members for ten years beginning with the first tax year after the Phase 1 certificate is received. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=shall%20extend%20to%20Project%20Entity%2C%20its%20successors%20and%20Affiliates)

Protects the tax arrangement from later state-law changes unless a later statutory change expressly and validly requires retroactive application to the agreement. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=no%20changes%20in%20state%20tax%20laws%20after%20the%20date%20of%20this%20Agreement%20shall%20affect%20this%20Agreement)

Provides a cure period before termination or tax recapture: generally 60 days to cure, with up to 150 days where performance is begun within 60 days and diligently continued. Judicial relief may be sought, and termination is paused while the judicial proceeding is pending. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=Project%20Entity%20shall%20have%20sixty%20(60)%20days)

Limits the County's contractual remedies for default to cancellation of future abatement, recapture of abated taxes less PILOT payments actually made, and reasonably incurred court costs and attorneys' fees, subject to the agreement's stated conditions. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=shall%20be%20the%20County's%20sole%20remedy)

Requires County inspections to provide at least ten business days' advance notice and to comply with project representatives' safety, security, and business-confidentiality standards, limiting interference with construction and operations. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=only%20after%20giving%20Project%20Entity%2010%20business%20days%20advance%20notice)

Provides a process for protecting confidential, proprietary, or trade-secret information: the County must generally notify the project entity of an open-records request, and, if timely requested, seek an opinion from the Texas Attorney General when the County believes an exception may apply. (https://newtools.cira.state.tx.us/upload/page/9220/docs/Homebound%20Group%20LLC.pdf#:~:text=confidential%2C%20proprietary%20or%20trade%20secret%20nature)

Phase 1 construction must commence by December 31, 2027, and is targeted for completion by December 31, 2029; the project entity may extend these dates only once, for one year, by timely written notice.

To qualify for the Phase 1 abatement, the project entity must construct Phase 1 improvements with at least $1 billion in capital investment by the second anniversary of delivering the Phase 1 completion certificate.

The project entity must create at least 50 permanent full-time jobs at the project by the second anniversary of delivering the Phase 1 completion certificate and must make specified reasonable efforts to recruit Haskell County residents.

The project entity and its contractors must use reasonable commercial efforts to maximize their use of Haskell County labor, services, and supplies, subject to exceptions for quality, price, qualifications, availability, and scheduling.

Before construction begins, the project entity must designate a local-services coordination department and advertise for local contractors in Haskell County newspapers.

The project entity must continuously operate the abated improvements during the agreement term, except for force majeure and specified commercially reasonable shutdowns, including repairs, maintenance, weather, regulatory requirements, and standby periods.

Improvements for each phase must remain in place and operational, to the extent commercially reasonable, for at least 15 years after that phase's completion certificate is delivered, although replacement improvements may be installed within the reinvestment zone.

Up to four phases may receive abatement only if each phase's completion certificate is submitted by the applicable deadline, with the agreement stating that phases are subject to a December 31, 2039 deadline and an earlier December 31, 2035 deadline for the agreement's ten-year abatement commitment.

Each phase must occupy a separate, non-overlapping physical area shown by a survey, and the project entity must provide the Phase 1 survey and legal description within one year after the agreement's effective date.

The project entity must pay a payment in lieu of taxes equal to 25% of the otherwise applicable County Taxes on Phase 1 real estate improvements and 20% for Phases 2 through 4, with payment due by January 31 of the following calendar year.

The project entity must make an annual charitable donation of $20,000 for each year in which an abatement applies, payable within 60 days after the County designates the recipients.

The project entity must submit an annual compliance certificate by April 30 and provide documentation reasonably requested by the County.

The project entity must submit an annual property-tax-abatement exemption application to the Haskell County Appraisal District by April 30 of each tax year for which an abatement is claimed.

The project entity must provide the Haskell County Chief Appraiser with information required under Chapter 22 of the Texas Tax Code by April 15 during each abatement period.

The County may inspect the improvements after 10 business days' advance notice, and must annually evaluate each abated facility after construction to assess compliance.

The project entity must timely pay the Interest and Sinking portion of County property taxes and other property taxes in Haskell County, or timely and properly contest them; delinquency can constitute a default.

Within 90 days after the agreement's effective date, the project entity must execute and agree to perform a separate Road Use, Maintenance and Crossing Agreement.

During construction and operation, the project entity and its affiliates or permitted assigns must use commercially reasonable efforts to minimize disruption to County roads and drainage and promptly repair project-related damage.

The project entity must comply with all applicable County ordinances, rules, regulations, and Texas laws, and the tax abatement is subject to changes in state tax law.

A material failure to satisfy the agreement's terms, including construction, investment, operating, payment, or compliance obligations, can result in termination of the abatement and recapture of abated taxes, less PILOT payments, plus statutory delinquent-tax interest.

Provides a 100% abatement of Haskell County ad valorem taxes on eligible data-center improvements and business personal property, including servers, racks, generators, and equipment, while excluding the land and the County's interest-and-sinking tax portion. The abatement is conditioned on meeting the agreement's construction, investment, operational, and compliance requirements.

Replaces most abated County taxes with fixed payments in lieu of taxes: 25% of the otherwise applicable County taxes on Phase 1 real-property improvements and 20% for Phases 2 through 4. Payments are due by January 31 of the following calendar year.

Allows up to four separately surveyed development phases, with a separate ten-year abatement period for each qualifying phase. Phase certificates must be submitted within the deadlines stated in the agreement, and no property may receive an abatement for more than ten years.

Sets construction milestones while allowing flexibility: Phase 1 construction is anticipated to begin by December 31, 2027, and be completed by December 31, 2029, with a one-time one-year extension available through written notice.

Permits the project entity to transfer its rights and obligations without County consent to affiliates and investor-group entities acquiring project interests, and permits collateral assignments to lenders or financing parties without County consent. This supports project financing and ownership restructuring, subject to notice and assumption requirements.

Suspends affected nonpayment obligations during qualifying force-majeure events, including inability to obtain materials, equipment, labor, permits, or rights-of-way, government orders, weather, fires, floods, and other events beyond the party's reasonable control.

Treats commercially reasonable periods when the project is unable or unwilling to operate, including repairs, maintenance, weather, casualty, regulatory requirements, curtailments, repowering, and standby periods, as 'Other Events' that do not by themselves eliminate the abatement, although PILOT obligations continue.

Protects the abatement from later changes in state tax law unless a statutory change expressly and validly requires retroactive application to the agreement.

Limits the County's remedies for a project-entity failure to cancellation of future abatement rights, recapture of abated taxes as provided in the agreement, and reasonably incurred court costs and attorneys' fees, rather than broader contractual liability.

Requires advance notice and limits County inspections to those reasonably needed to verify compliance, with inspections conducted in a manner that does not unreasonably interfere with construction or operations and that follows applicable safety, security, and confidentiality standards.

Requires the County to notify the project entity before releasing potentially confidential, proprietary, or trade-secret information under public-records law and, when legally permitted and reasonable, to seek an opinion from the Texas Attorney General regarding disclosure.

Allows the project entity to terminate the agreement for any reason without liability before December 31, 2029, by providing at least 30 days' written notice.