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good faith and in compliance with the terms and conditions of the Agreement and <br /> that, as of the Amendment Effective Date, neither is in breach of the Agreement. <br /> The City and OM each further acknowledge and agree that the Agreement is and <br /> remains a valid and binding agreement between the City and OM enforceable in <br /> accordance with its terms. <br /> 4. Counterparts. This Amendment may be executed in any number of counterparts, <br /> and each such counterpart shall be deemed to be an original instrument, but all <br /> such counterparts together shall constitute but one agreement. <br /> EXECUTED as of the date first above written by the persons or duly authorized officers <br /> of the parties hereto, intending to be legally bound hereby. <br /> CITY OF EVERETT, a Washington municipal <br /> corporation <br /> By: <br /> Ray Stephanson,Mayor <br /> ATTEST: <br /> By: <br /> Sharon Marks, City Clerk <br /> APPROVED AS TO FORM: <br /> By: <br /> Elmer E. "Ned" Johnston, City Attorney <br /> OLIVERMCMILLAN, LLC, a California limited <br /> liability company <br /> By: <br /> Its: <br /> 9 <br /> PAGE 2 <br /> [41642-0019-000000/13567836_1.DOC] 9/19/07 10:00:53 AM <br />