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INTERCONNECTION FACILITIES STUDY AGREEMENT
<br /> LODI ENERGY CENTER
<br /> (4) reference to any applicable laws and regulations means such
<br /> applicable laws and regulations as amended, modified, codified, or
<br /> reenacted, in whole or in part, and in effect from time to time, including, if
<br /> applicable, rules and regulations promulgated thereunder; (5) unless
<br /> expressly stated otherwise, reference to any Article, Section or Appendix
<br /> means such Article or Section of this Interconnection Facilities Study
<br /> Agreement or such Appendix to this Interconnection Facilities Study
<br /> Agreement, or such Section to the LGIP or such Appendix to the LGIP, as
<br /> the case may be; (6) "hereunder", "hereof", "herein", "hereto" and words of
<br /> similar import shall be deemed references to this Interconnection Facilities
<br /> Study Agreement as a whole and not to any particular Article, Section, or
<br /> other provision hereof or thereof; (7) "including" (and with correlative
<br /> meaning "include") means including without limiting the generality of any
<br /> description preceding such term; and (8) relative to the determination of
<br /> any period of time, "from" means "from and including", "to" means "to but
<br /> excluding" and "through" means "through and including".
<br /> 13.6 Entire Agreement, This Interconnection Facilities Study Agreement,
<br /> including all Appendices and Schedules attached hereto, constitutes the
<br /> entire agreement between the Parties with reference to the subject matter
<br /> hereof, and supersedes all prior and contemporaneous understandings or
<br /> agreements, oral or written, between the Parties with respect to the
<br /> subject matter of this Interconnection Facilities Study Agreement. There
<br /> are no other agreements, representations, warranties, or covenants which
<br /> constitute any part of the consideration for, or any condition to, any Party's
<br /> compliance with its obligations under this Interconnection Facilities Study
<br /> Agreement.
<br /> 13.7 No Third Party Beneficiaries. This Interconnection Facilities Study
<br /> Agreement is not intended to and does not create rights, remedies, or
<br /> benefits of any character whatsoever in favor of any persons,
<br /> corporations, associations, or entities other than the Parties, and the
<br /> obligations herein assumed are solely for the use and benefit of the
<br /> Parties, their successors in interest and, where permitted, their assigns.
<br /> 13.8 Waiver. The failure of a Party to this Interconnection Facilities Study
<br /> j Agreement to insist, on any occasion, upon strict performance of any
<br /> provision of this Interconnection Facilities Study Agreement will not be
<br /> considered a waiver of any obligation, right, or duty of, or imposed upon,
<br /> such Party.
<br /> Any waiver at any time by either Party of its rights with respect to this
<br /> Interconnection Facilities Study Agreement shall not be deemed a
<br /> continuing waiver or a waiver with respect to any other failure to comply
<br /> with any other obligation, right, duty of this Interconnection Facilities Study
<br /> Agreement. Termination or default of this Interconnection Facilities Study
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