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1 <br />2 <br />3 <br />4 <br />s <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 />2s <br />26 <br />MEMORANDUM OF UNDERSTANDING NO. C-X-XXXX <br />WHEREAS, all PARTIES agree upon Exhibit D, "MITIGATION IMPROVEMENTS AND <br />MONITORING PROGRAM" which identifies improvements that could mitigate the appreciable impacts <br />resulting from the implementation of the CITY of Santa Ana's Amendment to the MPAH; and <br />NOW, THEREFORE, it is mutually understood and agreed by the PARTIES as follows: <br />ARTICLE 1. COMPLETE AGREEMENT: <br />,ef/l <br />A. This MOU, including all exhibits and documents incorporated herein and made applicable <br />by reference, constitutes the complete and exclusive statement of he terms) and condition(s) of the <br />MOU between the PARTIES concerning the Amendment to the' PAH ansupersedes all prior <br />representations, understandings and communications concern, in`g the same subject' Pe� between the <br />PARTIES. The invalidity, in whole or part, of any term oroonit tion of this,MOU shall not affect the validity <br />of other term(s) or conditions(s) of this MOU. The above referenced recitals are true and correct and are <br />incorporated by reference herein. r <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 per o"ance'of such te`r� (s) or condition(s), and obligations in respect thereto <br />shall continue in full for e`and effect <br />A. �EachPARTY to`tt!s`MOU agrees to cooperate and coordinate with the other PARTIES to <br />this MOU' Arid their re�pgective staff,, contractors, consultants, and vendors, etc. providing services <br />required under this MOU to'the, extent practicable. <br />s <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 />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 />1. AUTHORITY's Board of Directors' conditional approval of the Amendment to the <br />4 <br />