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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 Go Inez II <br />City Manager <br />APPROVED AS TO FORM <br />By: A14 IF41,11k <br />John.Funk <br />Assi nt City Attorney <br />ATTEST <br />r <br />Ma <br />Maria D. Huizar v <br />Clerk of the Council <br />COUNTY OF ORANGE <br />By:V <br />Frank Kim <br />Chief Executive Officer <br />APPROVED AS TO FORM: <br />Office of the County Counsel <br />Orange C unty, California <br />By: <br />Leon J. Page <br />County Counsel <br />Page 4 of 4 <br />