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Exhibit 3 to Ordinance No. <br /> 7 <br /> 13.8 Attachments. Attachments A through K are incorporated herein by this reference <br /> as if set forth in full herein. <br /> 13.9 No Third Party. This Agreement is made and entered into for the sole protection <br /> and benefit of the parties hereto and their successors and assigns. No other person shall have any <br /> right of action based upon any provision of this Agreement. <br /> 13.10 Dispute Resolution. In any dispute arising out of or related to this Agreement, the <br /> Parties may utilize the committee structure set forth in Section 19.11 of the PDA in an effort to <br /> resolve the dispute. Any claim arising out of or related to this Agreement, except those waived, <br /> shall be subject to mediation as a condition precedent to the institution of legal or equitable <br /> proceedings by either party, pursuant to Section 19.12 of the PDA. <br /> 13.11 Term. Unless sooner terminated by the City re-acquiring title to the Riverfront <br /> Property, the term of this Agreement shall continue for the twenty-year Vesting Period. <br /> Notwithstanding anything herein to the contrary, if the City should re-acquire title to the <br /> Riverfront Property pursuant to any provision of the PDA, this Agreement shall be deemed null <br /> and void. This Agreement shall continue after the Vesting Period unless and until the City gives <br /> a notice of termination. <br /> AGREED as of the date first set forth above. <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 /> , City Attorney <br /> [Signatures continued on following page] <br /> 80 <br /> -14- <br />