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, 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, or (ii) electrical interconnection, transmission, or distribution service or equipment. (c) 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.

Appears in 2 contracts

Sources: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement