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proposed amendment must be submitted to each Member at least thirty (30) days in <br />advance of the date when the Member considers it. An amendment is to be effective <br />immediately unless otherwise designated. Appendix A to the Agreement may be amended <br />to correctly list current Members without separate action by the Members or the Board. <br />23. Severability. If a portion, term, condition or provision of this Agreement is determined by <br />a court to be illegal or in conflict with a law of the State of California, or is otherwise <br />rendered unenforceable or ineffectual, the validity of the remaining portions, terms, <br />conditions and provisions is not affected. <br />24. Liability of ABAG POWER. Subject to limitations thereon contained in any trust <br />agreement or other documents pursuant to which financing of ABAG POWER are <br />implemented, funds of ABAG POWER may be used to defend, indemnify, and hold <br />harmless ABAG POWER, any Member, any Director or alternate, and any employee or <br />officer of ABAG POWER for their actions taken within the scope of their duties while <br />acting on behalf of ABAG POWER. <br />25. Governing Law. This Agreement will be governed by and construed in accordance with <br />the laws of the State of California. <br />26. Counterparts. This Agreement may be executed in several counterparts, each of which is <br />an original and all of which constitutes but one and the same instrument. <br />ABAG POWER JPA <br />