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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />a <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-1-3289 <br />WHEREAS, all PARTIES agree upon Exhibit D, entitled "Mitigation Improvements and Monitoring <br />Program," which identifies improvements that could mitigate the appreciable impacts resulting from the <br />implementation of the CITY of Santa Ana's Amendment to the MPAH; <br />NOW, THEREFORE, it is mutually understood and agreed by the PARTIES as follows: <br />ARTICLE 1. COMPLETE AGREEMENT: <br />A. This MOU, including all exhibits and documents incorporated herein and made applicable <br />by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the <br />MOU between the PARTIES concerning the Amendment to the MPAH and supersedes all prior <br />representations, understandings and communications concerning the same subject matter between the <br />PARTIES. The invalidity, in whole or part, of any term or condition of this MOU shall not affect the validity <br />of other term(s) or condition(s) of this MOU. The above referenced recitals are true and correct and are <br />incorporated by reference herein. <br />B. Any PARTY's failure to insist on any instance(s) of performance of any term(s) or <br />condition(s) of this MOU shall not be construed as a waiver or relinquishment of rights to such <br />performance or to future performance of such term(s) or condition(s), and obligations in respect thereto <br />shall continue in full force and effect. <br />ARTICLE 2. MUTUAL RESPONSIBILITIES OF ALL PARTIES: <br />A. Each PARTY to this MOU agrees to cooperate and coordinate with the other PARTIES to <br />this MOU and including, but not limited to their respective staff, contractors, consultants, vendors in <br />providing services required under this MOU to the extent practicable. <br />B. All PARTIES to this MOU agree to work diligently together, and in good faith, toward the <br />resolution of any unforeseen issues and disputes arising out of the performance of this MOU. <br />ARTICLE 3. RESPONSIBILITIES OF AUTHORITY: <br />AUTHORITY agrees to the following responsibilities: <br />A. AUTHORITY shall administer the MPAH, including updating the MPAH to reflect the <br />Amendment to the MPAH upon fulfillment of the following conditions: <br />Page 4 of 16 <br />