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ORDER NO. PSC -2018 -0314 -PAA -EQ <br />DOCKET NO. 20180073 -EQ <br />PAGE 45 <br />Attachment A <br />Page 40 of 71 <br />(• DUKE SECTION No. IX <br />THIRD REVISED SHEET NO. 9,439 <br />ENERGY(. CANCELS SECOND REVISED SHEET N0.9.439 <br />20.11 Severability <br />If any part of this Contract, for any reason, is declared invalid or unenforceable by <br />a public authority of appropriate jurisdiction, then such decision shall not affect <br />the validity of the remainder of the Contract, which remainder shall remain in <br />force and effect as if this Contract had been executed without the invalid or <br />unenforceable portion. <br />20.12 Complete Agreement and Amendments <br />All previous communications or agreements between the Parties, whether verbal <br />or written, with reference to the subject matter of this Contract are hereby <br />abrogated. No amendment or modification to this Contract shall be binding <br />unless it shall be set forth in writing and duly executed by both Parties. This <br />Contract constitutes the entire agreement between the Parties. <br />20.13 Survival of Contract <br />Subject to the requirements of Section 20.4, this Contract, as it may be amended <br />from time to time, shall be binding upon, and inure to the benefit or. the Parties' <br />respective successors -in -interest and legal representatives. <br />20.14 Record Retention <br />Each Party shall maintain for a period of five (5) years from the date of <br />termination hereof all records relating to the performance of its obligations <br />hereunder. <br />20.15 No Waiver <br />No waiver of any of the terms and conditions of this Contract shall be effective <br />unless in writing and signed by the Party against whom such waiver is sought to <br />be enforced. Any waiver of the terms hereof shall be effective only in the specific <br />instance and .for the specific purpose given. The failure of a Party to insist, in any <br />instance, on the strict performance of any of the terms and conditions hereof shall <br />not be construed as a waiver of such Party's right in the future to insist on such <br />strict performance. <br />20.16 Set -Off <br />DEF may at any time, but shall be under no obligation to; set off or recoup any <br />and all sums due from the RF/QP against sums due to the RF/QF hereunder <br />without undergoing any legal process: <br />ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL <br />EFFECTIVE: July 13.2017 <br />a 45 <br />