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construed or interpreted as an approval of the actual design, construction or operation of <br /> any element of the PROJECT facilities. <br /> 17. Severability. Provided this CONTRACT can be executed and performance of the <br /> obligations of the Parties accomplished within its intent, the provisions hereof are <br /> severable and any provision that is declared invalid or becomes inoperable for any <br /> reason shall not affect the validity of any other provision hereof, provided that the <br /> Parties can continue to perform their obligations under this CONTRACT in accordance <br /> with its intent. <br /> 18. Third Party Beneficiaries. Enforcement of this CONTRACT and all rights and <br /> obligations hereunder are reserved solely to the Parties. Any services or benefits that <br /> third parties receive as a result of this CONTRACT are incidental to the CONTRACT, and do <br /> not create any rights for such third parties. <br /> ig. Waiver. Waiver of any breach under a term, provision, or requirement of this <br /> CONTRACT, or any right or remedy hereunder, whether explicitly or by lack of <br /> enforcement, shall not be construed as or deemed as a waiver of any subsequent breach <br /> of such term, provision or requirement, or of any other term, provision, or <br /> requirement. <br /> [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] <br /> Page 12 Of 14 <br />