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FIFTH AMENDMENT TO AGREEMENT <br />THIS FIFTH AMENDMENT TO AGREEMENT ("Amendment") made and <br />entered into this 6th day of October, 2008, by and between The Library Corporation, Inc., <br />a corporation organized under the laws of the State of Maryland, ("TLC") and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and the laws of the State of California ("City"). <br />RECITALS: <br />A. On December 3, 2001, the parties entered into Agreement # A-2001-238, <br />by which TLC has provided a library automation system for City. <br />B. In order to provide continuous uninterrupted service, the Parties now <br />desire to amend the Agreement to increase the compensation to pay for an <br />additional one-year database subscription service and maintenance in an amount <br />not to exceed $30,000.00. <br />WHEREFORE, in consideration of their mutual and respective promises, and <br />subject to the terms and conditions of the Agreement as hereby amended, the parties <br />hereby agree as follows: <br />1. The compensation for the Agreement shall be increased by an additional <br />$30,000.00 to pay for database subscription services and maintenance for <br />the term from October 1, 2008 through September 31, 2009. <br />2. Except as hereinabove modified, the terms and conditions of the <br />Agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to <br />Agreement the date and year first above written <br />ATTEST: <br />PATRICIA E. HEALY <br />Clerk of the Council <br />CITY OF SANTA ANA: <br />DAVID N. REAM <br />City Manager <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />By: <br />Laura Sheedy <br />Assistant City Attorney <br />THE LIBRARY CORPORATION, INC. <br />By: <br />(NAME) <br />(Title) <br />25C-2 <br />