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SCHEDULE 3-DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS <br /> to comply with any other obligation, right, duty of this Agreement. Termination or <br /> default of this Agreement for any reason by the Interconnection Customer, shall not <br /> constitute a waiver of the Interconnection Customer's legal rights to obtain an <br /> interconnection from the Area EPS Operator. Any waiver of this Agreement shall, if <br /> requested, be provided in writing. <br /> 12. Multiple Counterparts <br /> This Agreement may be executed in two or more counterparts, each of which is deemed an <br /> original but all constitute one and the same instrument. <br /> 13. 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 any <br /> right, power or authority to enter into any agreement or undertaking for, or act on behalf <br /> of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. <br /> 14. Severability <br /> If any provision or portion of this Agreement shall for any reason be held or adjudged to be <br /> 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 practicable, <br /> the benefits to each Party that were affected by such ruling, and (3) the remainder of this <br /> Agreement shall remain in full force and effect. <br /> 15. Subcontractors <br /> 15.1. 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 to <br /> M-M1P Facility Study Agreement_January 2019 4 <br /> 256 <br />