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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />MEMORANDUM OF UNDERSTANDING NO. C-X-XXXX <br />improvement is not meant to be prescriptive. If an alternative improvement, which meets the overall <br />objective of achieving and/or maintaining the pre -amendment to the MPAH ICU, is identified then that <br />improvement shall be considered acceptable and shall be implemented as a substituted solution if there <br />is agreement amongst the CITIES of Tustin and Santa Ana. <br />B. CITY of Tustin should include the mitigation improvement Jn their next CIP. The <br />improvement should be implemented prior to the intersection reaching the pre mendment to the MPAH <br />ICU LOS of 0.88, LOS D, as shown in Exhibit D. <br />C. CITY of Tustin shall utilize funding provided by the CITY of Santa Ana to implement the <br />,> <br />mitigation improvement. <br />ARTICLE 7. DELEGATED AUTHORITY: € <br />The actions required to be taken by the AGENCIES in the implementation of this MOU are <br />delegated to each AGENCY's City Manager'; or ,designee. Required actions to be taken by the <br />t <br />AUTHORITY in the implementation of this MOO re delegated to AUTHORITY's Chief Executive Officer, <br />or designee. r <br />A. Each PARTY shall indemnify, defend and hold harmless all other PARTIES, its officers, <br />directors, employees and'age`nts from and against any and all claims (including attorney's fees and <br />1k, t <br />reasonable expehs it for litigation ot`settlement) for any loss or damages, bodily injuries, including death, <br />worker's `com'pensation`subrogation claims, damage to or loss of use of property, arising from the <br />negligent acts, omissions or willful misconduct by any PARTY, its officers, directors, employees or agents <br />in connection with or arising out of the performance of this MOU. <br />r <br />B. Indemnification and defense obligations of this MOU shall survive its expiration or <br />termination. <br />ARTICLE 9. ADDITIONAL PROVISIONS <br />The PARTIES agree to the following: <br />10 <br />