Common use of Separation of Functions Clause in Contracts

Separation of Functions. (a) Nothing in this Agreement is intended to abrogate, limit, amend or modify the terms of any other agreement between Seller and SCE, including any interconnection agreement or tariff, and no breach under such other agreement shall excuse a Party’s nonperformance under this Agreement, unless the breach of such other agreement is also an Event of Default under this Agreement. (b) Nothing in this Agreement is intended to provide any rights or obligations to either Party with respect to: (i) any relationship between the Parties in which SCE is acting in its capacity as an owner or provider of electrical interconnection, transmission, or distribution service or equipment (including any interconnection agreement or tariff), or (ii) electrical interconnection, transmission, or distribution service or equipment. (c) SCE is not responsible or liable in any way for: (i) any delay or failure by Seller to achieve the Project Completion Date by the Project Completion Deadline or to achieve the Initial Delivery Date by the Initial Delivery Deadline, as applicable, related to electrical interconnection, transmission, or distribution service or equipment, (ii) any costs or damages incurred by Seller as a result thereof or any reduction in payments under this Agreement resulting from any delay in achieving the Project Completion Date by the Project Completion Deadline or the Initial Delivery Date by the Initial Delivery Deadline, as applicable, related to electrical interconnection, transmission, or distribution service or equipment, or (iii) a reduction in the Term or the Delivery Period related to electrical interconnection, transmission, or distribution service or equipment. (d) Seller’s non-performance of any provision of this Agreement shall not be excused to any greater extent due to any action or inaction of SCE in its capacity as an owner or provider of electrical interconnection, transmission, or distribution service or equipment than it would be if the non-performance were due to any action or inaction of a person other than SCE.

Separation of Functions. (a) Nothing in this Agreement is intended to abrogate, limit, amend or modify the terms of any other agreement between Seller and SCE, including any interconnection agreement or tariff, and no breach under such other agreement shall excuse a Party’s nonperformance under this Agreement, unless the breach of such other agreement is also an Event of Default under this Agreement. (b) Nothing in this Agreement is intended to provide any rights or obligations to either Party with respect to: (i) any relationship between the Parties in which SCE is acting in its capacity as an owner or provider of electrical interconnection, transmission, or distribution service or equipment (including any interconnection agreement or tariff), or (ii) electrical interconnection, transmission, or distribution service or equipment. (c) SCE is not responsible or liable in any way for: (i) any delay or failure by Seller to achieve the Project Completion Date by the Project Completion Deadline or to achieve the Initial Delivery Date by the Expected Initial Delivery Date or the Initial Delivery Deadline, as applicable, related to electrical interconnection, transmission, or distribution service or equipment,; (ii) any costs or damages incurred by Seller as a result thereof or any reduction in payments under this Agreement resulting from any delay in achieving the Project Completion Date by the Project Completion Deadline or the Initial Delivery Date by the Expected Initial Delivery Date or Initial Delivery Deadline, as applicable, related to electrical interconnection, transmission, or distribution service or equipment, ; or (iii) a reduction in the Term or of the Delivery Period related to electrical interconnection, transmission, or distribution service or equipment. (d) Seller’s non-performance of any provision of this Agreement shall not be excused to any greater extent due to any action or inaction of SCE in its capacity as an owner or provider of electrical interconnection, transmission, or distribution service or equipment than it would be if the non-performance were due to any action or inaction of a person other than SCE.