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REV: 4-5-2023 MI not be required to remove (A) any below grade structures or (B) any large electrical conduits, which ENGIE shall cause to be capped and secured. 3. FURTHER ASSURANCES. ENGIE and Customer each agree to promptly execute, acknowledge, deliver, file and record such additional documents, instruments and certificates, and to do all such other acts, as are necessary or desirable to evidence the termination of the Power Agreement and release of all obligations of the parties thereunder as set forth in this Agreement. 4. MISCELLANEOUS. a. Law and Venue. This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of California without regard to conflicts of law provisions. Any litigation between the parties shall be conducted in the state or federal courts of the State of California. b. Waiver of Trial by Jury. ENGIE and Customer hereby knowingly, voluntarily and intentionally waive the right to a trial by jury with respect to any litigation based hereon or arising out of, under or in connection with this Agreement. This provision is a material inducement for the parties entering into this Agreement. c. Headings. The headings in this Agreement are provided for convenience of reference only and shall not affect the construction of the text of this Agreement. d. Non-Waiver. No waiver of any provision of this agreement shall be deemed to be nor shall constitute a waiver of any other provision whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. e. Cumulative Remedies. All rights and remedies of the parties under this Agreement shall be cumulative and the exercise of any one right or remedy shall not bar the exercise of any other right or remedy. f. Severability. If any provision of this Agreement shall be held or deemed to be invalid, inoperative or unenforceable, such circumstances shall not affect the validity of any other provision of this Agreement. g. Survival. The obligations of the parties hereunder which by their nature survive the termination of this Agreement and / or the completion of the Services hereunder shall survive and inure to the benefit of the parties. Those provisions of this Agreement which provide for the limitation of or protection against liability shall apply to the full extent ATTY/AGR.2023.065/Engie (Battery Storage Decommissioning) (Page 2 of 6)