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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, ld, 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 />instrument, <br />ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 25 <br />