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arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent <br />or other matter. <br /> <br />11.7 Relationship of Parties. The duties, obligations and liabilities of each of the Parties are <br />intended to be several and not joint or collective. This Agreement shall not be interpreted or construed <br />to create an association, joint venture, fiduciary relationship or partnership between the Parties or to <br />impose any partnership obligation or liability or any trust or agency obligation or relationship upon <br />either Party. US Solar and Project Subscriber shall not have any right, power, or authority to enter into <br />any agreement or undertaking for, or act on behalf of, or to act or be an agent or representative of, or to <br />otherwise bind, the other Party. <br /> <br />11.8 Severability. Should any provision of this Agreement be or become void, illegal or <br />unenforceable, the validity or enforceability of the other provisions of the Agreement shall not be <br />affected and shall continue in full force. The Parties will, however, use commercially reasonable efforts <br />to agree on the replacement of the void, illegal or unenforceable provisions with legally acceptable <br />clauses which correspond as closely as possible to the sense and purpose of the affected provision and <br />the Agreement as a whole. <br /> <br />11.9 Counterparts. This Agreement may be executed in two or more counterparts and by <br />different parties on separate counterparts, all of which shall be considered one and the same agreement <br />and each of which shall be deemed an original. <br /> <br />11.10 Audit. To the extent required by Minnesota Statutes, section 16C.05, subdivision 5, our <br />records, books, documents, and accounting procedures and practices relating to work performed <br />pursuant to this Agreement shall be subject to examination by the Project Subscriber and the Legislative <br />Auditor or State Auditor. We shall permit the Project Subscriber or its designee to perform such <br />examination at a mutually agreeable time during regular business hours. <br /> <br /> <br /> <br /> <br />(SIGNATURE PAGES TO FOLLOW) <br />97