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WHEREAS, Purveyor owns and operates a waterworks system under the <br />management and control of its Division of Water, Department of Public Utilities, <br />pursuant to the Constitution and laws of the State of Ohio and the Charter and <br />ordinances of the City of Cleveland; and <br />WHEREAS, Purveyor under authority of the Charter of the City of <br />Cleveland and Article XVIII, Section 6, of the Ohio Constitution is empowered to <br />sell and deliver its surplus water to inhabitants and others outside its municipal <br />boundaries; and <br />WHEREAS, Customer owns, controls, and operates a water distribution <br />system within a district established pursuant to law; and <br />WHEREAS, Purveyor and Customer entered into City Contract No. 43125 <br />for the purpose of enhancing the reliability of their systems by establishing <br />emergency interconnections for the mutual benefit of the parties; and <br />WHEREAS, Purveyor and Mayfield Village entered into City Contract No. <br />32091 for the purpose of supplying water to Mayfield Village's inhabitants; and <br />WHEREAS, the signatories to this Agreement have determined that an <br />additional two-way emergency interconnection is necessary for the purpose of <br />enhancing the reliability of their systems; and <br />WHEREAS, both Purveyor and Customer are willing to enter into this First <br />Modification to Contract No. 43125 according to the terms, covenants, and <br />conditions hereinafter set forth; and <br />