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4 <br /> MAY 10,2013 DRAFT <br /> Agreements; and (D) none of the Riverfront Agreements has been assigned, modified or <br /> amended in any way except as described in this Sixth Amendment. <br /> 7. Acknowledgement of Expired Agreements. The City and the OM Entities <br /> acknowledge and agree that the following agreements have previously expired in accordance <br /> with their terms and have no further force or effect: (A)Assignment and Assumption of License <br /> for Use of City Property dated April 30, 2008, by and between the City and OMI-I; (B)Animal <br /> Shelter Lease dated April 30, 2008, by and between the City and OM INC; (C) Public Works <br /> Yard Lease dated April 30, 2008, by and between the City and OM INC; and(D) Memorandum <br /> of Understanding(New Markets Tax Credits)dated March 4,2009,by and between the City and <br /> OM INC. <br /> 8. Other. Except as expressly modified in this Sixth Amendment, the PDA shall <br /> remain in full force and effect and the parties hereto acknowledge, confirm and ratify all of the <br /> terms and conditions of the PDA. <br /> EXECUTED as of the date first above written by duly authorized officers of the parties <br /> hereto, intending to be legally bound hereby. <br /> CITY: OM: <br /> CITY OF EVERETT OLIVERMCMILLAN,LLC <br /> By: By: <br /> Ray Stephanson,Mayor Name: <br /> . Title: <br /> ATTEST: <br /> By: <br /> Sharon Fuller,City Clerk <br /> APPROVED AS TO FORM: <br /> By: <br /> James D.Iles,City Attorney <br /> -3- <br /> 10 <br />