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SCHEDULE 3-DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS <br /> Interconnection Customer, shall not constitute a waiver of the Interconnection <br /> Customer's legal rights to obtain an interconnection from the Area EPS Operator. <br /> Any waiver of this Agreement shall, if requested, be provided in writing. <br /> 15. Multiple Counterparts <br /> This Agreement may be executed in two or more counterparts, each of which is deemed <br /> an original but all constitute one and the same instrument. <br /> 16. No Partnership <br /> This Agreement shall not be interpreted or construed to create an association,joint <br /> venture, agency relationship, or partnership between the Parties, or to impose any <br /> partnership obligation or partnership liability upon either Party. Neither Party shall have <br /> any right, power or authority to enter into any agreement or undertaking for, or act on <br /> behalf of, or to act as or be an agent or representative of, or to otherwise bind, the <br /> other Party. <br /> 17. Severability <br /> If any provision or portion of this Agreement shall for any reason be held or adjudged to <br /> be invalid or illegal or unenforceable by any court of competent jurisdiction or other <br /> Governmental Authority, (1) such portion or provision shall be deemed separate and <br /> independent, (2) the Parties shall negotiate in good faith to restore, insofar as <br /> practicable, the benefits to each Party that were affected by such ruling, and (3) the <br /> remainder of this Agreement shall remain in full force and effect. <br /> 18. Subcontractors <br /> 18.1. Nothing in this Agreement shall prevent a Party from utilizing the services of any <br /> subcontractor as it deems appropriate to perform its obligations under this <br /> Agreement; provided, however, that each Party shall require its subcontractors <br /> to comply with all applicable terms and conditions of this Agreement, in <br /> M-MIP System Impact Study Agreement_January 2019 5 <br /> 248 <br />