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EXHIBIT 1 <br />City Draft 8/17/18 <br />For Discussion Purposes Only <br />M. Either Party shall be excused from performing its obligations under this Memorandum <br />during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond <br />its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of <br />material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a <br />material wrongful act or omission by the other Party; when satisfactory evidence of such cause Is <br />presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond <br />the control and is not due to the fault or negligence of the Party not performing. <br />IV. OPERATING AGREEMENT. Following build -out of the Site, the Parties contemplate that <br />an Operating Agreement will be needed for the homeless shelter In the event the Site, or an alternative <br />site(s), is secured. The Parties shall endeavor to develop such an Operating Agreement; however, in the <br />event one Is not agreed to by the Parties, the County may operate the shelter as It determines in Its <br />reasonable discretion. <br />City and County have executed this Memorandum of Understanding as of the date and year first <br />written above. <br />CITY OF SANTA ANA, CALIFORNIA <br />By: <br />Raul Godinez II <br />City Manager <br />COUNTY OF ORANGE <br />Chief Executive Officer <br />Page 4 of 4 <br />65C-8 <br />