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<br />Section 4.12. Negation of Partnership. None of the terms or provIsIons of this <br />Agreement shall be deemed to create a partnership between or among the Parties in their <br />respective businesses or otherwise, nor shall it cause them to be considered joint venturers or <br />members of any joint enterprise. Each Party shall be considered a separate owner, and no Party <br />shall have the right to act as an agent for another Party, unless expressly authorized to do so <br />herein or by separate written instrument signed by the Party to be charged. <br /> <br />{Signature Page of Public Right of Way Improvement and Funding Agreement) <br /> <br />H-Public _ Right _ oC Way_Improvement _ and]unding_ Agreement _ v9(738385 3)[1 ].DOC 9 <br />