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1 <br />7 <br />ARTICLE XI <br />RELATIONSHIP OF PARTIES <br />3 The covenants, obligations and liabilities of the Parties are intended to be several <br />4 and not joint or collective. Nothing contained in this Agreement shall ever be construed <br />5 to create an association, joint venture, trust or partnership, or to impose a trust or <br />6 partnership covenant, obligation, or liability on or with regard to any Party. Each Party <br />7 shall be individually responsible for its own covenants, obligations and liabilities as <br />8 provided in this Agreement. No Party shall be the agent of or have a right or power to <br />9 bind any other Party without such other Party's express written consent. <br />10 <br />11 <br />if% <br />ARTICLE XII <br />NO THIRD PARTY RIGHTS <br />13 This Agreement shall not be construed to create rights in, or to grant remedies to, <br />14 any third party (except as specified herein) as a beneficiary of this Agreement or of any <br />15 duty, obligation or undertaking established herein. <br />16 <br />17 ARTICLE XIII <br />18 DEFAULT <br />19 13. 1.1 Events of Default. An "Event of Default" shall mean with respect to a Party <br />20 ("Defaulting Party"): (i) the failure by the Defaulting Party to make, when due, any <br />21 payment required pursuant to this Agreement if such failure is not remedied within five <br />22 (5) Business Days after written notice of such failure is given to the Defaulting Party by <br />23 the other Party ("Non -Defaulting Parry") or (ii) any representation or warranty made by <br />Power Sales Agreement, City of Colton and American Utility Network June 8, 1999 Page 7 of 18 <br />