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<br />. b. <br /> <br />. <br /> <br />. <br /> <br />14. <br /> <br />Remedies. <br /> <br />a. <br /> <br />Should the AlIonee or the SWS? Enterprise suffer injury or damage to ?erson or <br />property because 01' any error. omission or act of the other parry or of any of the other <br />parry' 5 employees or agents or others for whose acts the othe: parry is legally liable, <br />claims will be made in writing to the otherparry within a reasonable time of the fIrst <br />obse:vance of such injury or damage. The provisions of this subparagraph shall not <br />be construed as a substirute for or waiver of the provisions of any applicable starute <br />of limitations or repose or any other rights hereunder. <br /> <br />The duties and obligations imposed by this Contract and the rights and remedies <br />available hereunder to the ?arties hereto are in addition to, and are nor to be <br />construed in any way as a limitation of, any rights and remedies available to them <br />which are otherwise imposed by law or regulation. and the provisions of this <br />paragraph will be as effective as if repeated specifically in the Conrract in connection <br />with each particular dury, obligation, right, and remedy to which they apply. All <br />representations and commionents made in the Contract will survive final ?aymem <br />and tetmination or completion of the Contract. <br /> <br />[5. Most Favored Parrv. The terms and provisions of the alloonent contracts for each of <br />the Participants will be substantially similar to this Contract and in no event will SWSP Enterprise <br />offer an alloonent conrract to another Participant with more favorable provisions, based on all of the <br />terms and conditions of the contract as a whole, without first offering to Allottee the opportuniry to <br />amend this Contract to contain such favorable provisions. <br /> <br />16. Le~al and Practical Ability to Perform. SWSP Enterprise and Allottee, respectively, <br />warrnnt and represent as follows; <br /> <br />a. The SWSP Enterprise hereby warrants and represents to Allottee that SWSP <br />Enterprise is validly organized and has the ?ower and authoriry to enter into this <br />Contract and to allot to Allottee the rights described herein. SWSP Enterprise ag:re"'..5 <br />that any assignment of its rights and responsibilities hereunder shall be void and <br />unenforceable without the prior written approval of the Allottee except as set fonh. <br />in paragraph 17 below. <br /> <br />b. Allottee hereby warrants and represents to SWSP Enterprise that AllOttee is validly <br />organized and has the power and authoriry to enter into this Conrract and to accept <br />the alloonem described herein. <br /> <br />17. Comllletion of Proiect. After deposit of Allottee's Construction Costs, SWSP <br />Enterprise shall complete the construction of the Pipeline as expeditiously as possible. If additional <br />funding for change orders is not provided, SWSP Enterprise shall fIrst ?rovide all Participants the <br />opporruniry, but not the obligation. to assume anyone Participant's conrract, or unfunded portion <br /> <br />',I~\lAGEMENT/AGREEMENTS/AU.OTMNT.FMG [5 <br />