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2012-04 CONSENT TO ASSIGNMENT OF AGREEMENT This Assignment agreement is entered into this 7 day of December, 2011, by and between the City of Clermont a Florida Municipal Corporation, hereinafter referred to as "CITY" and Xylem Water Solutions USA, Inc., a New York Corporation authorized to do business in the State of Florida, whose address is 2152 Sprint Blvd, Apopka, Florida 32703, hereinafter referred to as "XYLEM ". WHEREAS, on February 12, 2008 CITY entered into an agreement for pump, parts and repair services with ITT Flygt, LLC. (the "Agreement "); and WHEREAS, the Agreement's terms are in effect until December 12, 2012: and WHEREAS, XYLEM has now acquired or merged with ITT Flygt, LLC and the new name of the entity responsible for providing services to CITY will be XYLEM. NOW THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. CITY hereby approves of and expressly consents to the assignment of the Agreement to XYLEM and agrees to be bound to XYLEM pursuant to the terms and conditions of the Agreement. 3. XYLEM does hereby agree to be bound to CITY and acknowledges and agrees that it shall comply with all terms and conditions set forth in the Agreement and that said terms and conditions are incorporated herein as if restated in their entirety. IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal, this /L day of Jan t.ta. "A , 201d,. `THE CITY OF CLERMONT Attest: B v ayor Harold S. Turville, Jr k Tracy Ackroyd, City Cler i XYLEM WATER SOLUTIONS USA, INC. Attest: A By: By: v / y: // //A.:, 4 Relvv .NFJ , ' a MGR 1;W\ hyid@ 5(deS Kr eR\1iSo Printed Name and itle Printed Name an Title Acknowledged and consented to by ITT, Flygt, LLC. T �_� 1 ,4-...f £.r C . ,4 ..✓e 4- 6 Printed Name and Title Date: / Z -7— Los/