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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS <br />other than the Parties, and the obligations herein assumed are solely for the use and <br />benefit of the Parties, their successors in interest and where permitted, their assigns. <br /> <br />14.Waiver <br />14.1.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 <br />of any obligation, right, or duty of, or imposed upon, such Party. <br /> <br />14.2.Any waiver at any time by either Party of its rights with respect to this <br />Agreement shall not be deemed a continuing waiver or a waiver with respect to <br />any other failure to comply with any other obligation, right, duty of this <br />Agreement. Termination or default of this Agreement for any reason by the <br />Interconnection Customer, shall not constitute a waiver of the Interconnection <br />Any waiver of this Agreement shall, if requested, be provided in writing. <br /> <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 /> <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 a Party. No Party shall have any right, <br />power or authority to enter into any agreement or undertaking for, or act on behalf of, <br />or to act as or be an agent or representative of, or to otherwise bind, any other Party. <br /> <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 />M-MIP Transmission System Impact Study Agreement - February 2019 5 <br /> <br />275 <br />