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Contract Revision. If Applicant does not commence installation of any facilities which are <br />Applicant's responsibility or SCE is prevented from commencing the installation of the <br />facilities for causes beyond its reasonable control within one year from the effective date of <br />this Contract, SCE may, in its discretion, revise its cost estimate and recalculate the <br />refundable and/or non-refundable amounts set forth herein. SCE will notify Applicant of <br />such increased costs and give the option to either terminate this Contract or pay SCE the <br />additional charges. <br />3.11 Contract Termination <br />If at any time during the term of this Contract, SCE is not the sole deliverer of electrical <br />requirements for the Project, this Contract may be terminated. Upon termination of the <br />Contract, Applicant agrees to forfeit that portion of the advance paid to SCE for its <br />expenses covering any engineering, surveying, right of way acquisition and other <br />associated work incurred by SCE. If such expenses are greater or less than the <br />refundable and/or non-refundable advance, Applicant shall pay to SCE, or SCE shall <br />refund the balance to Applicant, without interest, as the case may be. <br />3.12 Indemnification <br />Applicant shall, at its own cost, defend, indemnify, and hold harmless SCE, its officers, <br />agents, employees, assigns, and successors in interest from and against any and all <br />liability, damages, losses, claims, demands, actions, causes of action, costs including <br />attorney's fees and expenses, or any of them, resulting from the death or injury to any <br />person or damages to any property caused by Applicant or its contractor and employees, <br />officers or agents of either Applicant or its contractor, or any of them, and arising out of the <br />performance or nonperformance of their obligations under this Contract. <br />3.13 Assignment of Contract <br />Applicant may assign this Contract, in whole or in part, only if SCE consents in writing and <br />the party to whom the Contract is assigned agrees in writing, to perform the obligations of <br />Applicant hereunder. Assignment of the Contract shall not release Applicant from any of <br />the obligations under this Contract unless otherwise provided therein. <br />3.14 Joint and Several Liability <br />Where two or more individuals or entities are joint Applicants under this Contract, all <br />Applicants shall be jointly and severally liable to comply with all terms and conditions <br />herein. <br />Form No. 16-330 5 <br />Rev. 12/12 <br />