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Notwithstanding completion or termination of this Agreement, the Parties shall <br /> continue to be bound by the provisions of this Agreement which by their nature survive <br /> such completion or termination. Such provisions shall include, but are not limited to, <br /> Sections 9, 10, 13, 14, 15, 18, 22, 35 and 38 of this Agreement. <br /> 38. ATTORNEYS' FEES <br /> Except as otherwise provided herein, in the event of any legal action or other <br /> proceeding between the Parties arising out of this Agreement or the transactions <br /> contemplated herein, each Party in such legal action or proceeding shall bear its own costs <br /> and expenses incurred therein, including reasonable attorneys' fees. <br /> 39. COOPERATION <br /> Each Party agrees to cooperate with the other Party in whatever manner is reasonably <br /> required to facilitate the successful completion of this Agreement. <br /> 40. ENTIRE AGREEMENT <br /> This Agreement (including all of the Exhibits and Attachments hereto which are <br /> incorporated into this Agreement by this reference) contains the entire agreement and <br /> understanding between the Parties and merges and supersedes all prior agreements, <br /> representations and discussions pertaining to the subject matter of this Agreement. <br /> 41. COUNTERPARTS. <br /> This Agreement may be executed in one or more counterparts, each of which shall be <br /> deemed to be an original, but all of which together shall be deemed to be one and the same <br /> <br /> instrument. <br /> ENERGY LEADER PARTNERSH[P PROGRAM AGREEMENT 25 <br /> 25G-27 <br /> <br />