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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS <br /> <br />7.The Interconnection Customer must pay any study costs that exceed the deposit without <br />interest, within twenty (20) Business Days, on receipt of the invoice or resolution of any <br />dispute. If the deposit exceeds the invoiced fees, the Area EPS Operator shall refund such <br />excess within twenty (20) Business Days of the invoice without interest. <br /> <br />8.Governing Law, Regulatory Authority, and Rules <br />The validity, interpretation and enforcement of this Agreement and each of its provisions, <br />shall be governed by the laws of the State of Minnesota. This Agreement is subject to all <br />Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in, <br />appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority. <br /> <br />9.Amendment <br />The Parties may amend this Agreement by a written instrument duly executed by both <br />Parties. <br /> <br />10.No Third-Party Beneficiaries <br />This Agreement is not intended to and does not create rights, remedies, or benefits of any <br />character whatsoever in favor of any persons, corporations, associations, or entities other <br />than the Parties, and the obligations herein assumed are solely for the use and benefit of <br />the Parties, their successors in interest and where permitted, their assigns. <br /> <br />11.Waiver <br />11.1.The failure of a Party to this Agreement to insist, on any occasion, upon strict <br />performance of any provision of this Agreement, will not be considered a waiver of <br />any obligation, right, or duty of, or imposed upon, such Party. <br /> <br />11.2.Any waiver at any time by either Party of its rights with respect to this Agreement <br />shall not be deemed a continuing waiver or a waiver with respect to any other failure <br />M-MIP Facility Study Agreement _January 2019 3 <br /> <br />264 <br />