breach, term or condition of this Agreement by any Party shall constitute a subsequent waiver of the same or any other breach, term or condition of this Agreement. Successors and Assigns. Each and all of the rights, obligations, covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the Parties hereto and, to the extent permitted by this Agreement, their respective successors and assigns. Third Party Beneficiaries. The provisions of this Agreement shall only be for the benefit of, and enforceable by, the Parties hereto and shall not inure to the benefit of or be enforceable by any third party. Severability. In the any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Further Assurances. Each Party shall execute and deliver or cause to be executed and delivered such documents and instruments not otherwise specified herein, and take or cause to be taken all such other actions, as the other Party may reasonably request to more fully and effectively carry out the intent and purposes of this Agreement. Publicity. Except as required by applicable Law, Developer agrees that Developer will not issue or release for external publication any press release, article, advertising or other publicity matter in any form (including print, electronic, or interview) relating to the Project, or to this Agreement without first consulting with and obtaining the prior written consent of PacifiCorp, which consent shall not be unreasonably withheld or delayed. Independent Contractor. Developer is an independent contractor with respect to the Work, and each part thereof, and in respect of all work to be performed hereunder. Neither Developer nor any of the other Developer Parties shall be deemed to be agents, representatives, joint ventures, employees or servants of PacifiCorp by reason of their performance hereunder or in any manner dealt with herein. Neither Party shall perform any act or make any representation to any Person to the effect that Developer or any other Developer Parties is the agent of PacifiCorp. Survival. The provisions of article 4 (Representations and Warranties of Developer), article 12 (Developer’s Equipment), article 23 (Warranties of Work), article 24 (Liquidated Damages), article 25
breach, term or condition of this Agreement by any Party shall constitute a subsequent waiver of the same or any other breach, term or condition of this Agreement. Successors and Assigns. Each and all of the rights, obligations, covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the Parties hereto and, to the extent permitted by this Agreement, their respective successors and assigns. Third Party Beneficiaries. The provisions of this Agreement shall only be for the benefit of, and enforceable by, the Parties hereto and shall not inure to the benefit of or be enforceable by any third party. Severability. In the any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Further Assurances. Each Party shall execute and deliver or cause to be executed and delivered such documents and instruments not otherwise specified herein, and take or cause to be taken all such other actions, as the other Party may reasonably request to more fully and effectively carry out the intent and purposes of this Agreement. Publicity. Except as required by applicable Law, Developer agrees that Developer will not issue or release for external publication any press release, article, advertising or other publicity matter in any form (including print, electronic, or interview) relating to the Project, or to this Agreement without first consulting with and obtaining the prior written consent of PacifiCorp, which consent shall not be unreasonably withheld or delayed. Independent Contractor. Developer is an independent contractor with respect to the Work, and each part thereof, and in respect of all work to be performed hereunder. Neither Developer nor any of the other Developer Parties shall be deemed to be agents, representatives, joint ventures, employees or servants of PacifiCorp by reason of their performance hereunder or in any manner dealt with herein. Neither Party shall perform any act or make any representation to any Person to the effect that Developer or any other Developer Parties is the agent of PacifiCorp. Survival. The provisions of article 4 (Representations and Warranties of Developer), article 12 (Developer’s Equipment), article 23 (Warranties of Work), article 24 (Liquidated Damages), article 25
2017R_RFP-BTA_Build_Transfe_Agreement_dated_06-15-2017.docx