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FIFTH AMENDMENT TO AGREEMENT <br />THIS FIFTH AMENDMENT TO AGREEMENT made and entered into this <br />day of <br />1977, by and between CLAY UTILITIES, INC., <br />and CLAY DEVELOPMENT CORP., hereinafter sometimes referred to jointly <br />as the "Party of the First Part ", and the CITY OF SOUTH BEND, hereinafter <br />referred to as the "Party of the Second Part ", <br />W I T N E S S E T H: <br />WHEREAS, the parties hereto have heretofore, to with, on the 22nd <br />day of March, 1965, entered into an agreement relating to the furnishing <br />of sewage disposal service and water utility service by Part of the <br />Second Part to the Party of the First Part to certain portions of <br />Clay Township, St. Joseph County, Indiana, which said agreement is <br />now incorporated herein and made a part hereof by reference; and <br />WHEREAS, the parties hereto have heretofore, to wit, on the <br />14th day of June, 1965, entered into an amendment to the aforesaid <br />agreement, which said amendment is now incorporated herein and made a <br />part hereof by reference; and <br />WHEREAS, the parties hereto have heretofore, to wit, on the <br />23rd day of May 1966, entered into a second amendment to the afore- <br />said agreement, which said second amendment is now incornorated herein <br />and made a part hereof by reference; and <br />WHEREAS, the parties hereto have heretofore, to wit, on the 27th <br />day of February, 1967, entered into a third amendment to the aforesaid <br />agreement, which said third amendment is now incorporated herein and <br />made a part hereof by reference; and <br />-1- <br />