Exceptions to Dispute Resolution Procedure. The provisions of this Section 19 will not be construed to prevent a party from (i) seeking a temporary restraining order or injunctive or other equitable relief with respect to a breach (or attempted or threatened breach) of this Agreement by the other party, or (ii) making any claim or asserting any defense in litigation or other formal proceedings to the extent necessary (A) to avoid the expiration of any applicable limitations period, (B) to preserve a superior position with respect to other creditors, or (C) in the case of claims involving third parties, to allow for an expeditious and orderly presentation of a party’s claims or defenses.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
Exceptions to Dispute Resolution Procedure. The provisions of this Section 19 21 will not be construed to prevent a party from (i) seeking a temporary restraining order or injunctive or other equitable relief with respect to a breach (or attempted or threatened breach) of this Agreement by the other party, or (ii) making any claim or asserting any defense in litigation or other formal proceedings to the extent necessary (A) to avoid the expiration of any applicable limitations period, (B) to preserve a superior position with respect to other creditors, or (C) in the case of claims involving third parties, to allow for an expeditious and orderly presentation of a party’s claims or defenses.
Appears in 1 contract
Samples: Trust Agreement (Convergys Corp)
Exceptions to Dispute Resolution Procedure. The provisions of this Section 19 will not be construed to prevent a party from (i) seeking a temporary restraining order or injunctive or other equitable relief with respect to a breach (or attempted or threatened breach) of this Agreement or ERISA by the other party, party or (ii) making any claim or asserting any defense in litigation or other formal proceedings to the extent necessary (A) to avoid the expiration of any applicable limitations period, (B) to preserve a superior position with respect to other creditors, creditors or (C) in the case of claims involving third parties, to allow for an expeditious and orderly presentation of a party’s claims or defenses.
Appears in 1 contract
Samples: Master Trust Agreement (Hawaiian Electric Industries Inc)
Exceptions to Dispute Resolution Procedure. The provisions of this Section 19 ------------------------------------------ Article 14 will not be construed to prevent a party Party from (i) seeking a temporary restraining order or injunctive or other equitable relief with respect to a breach (or attempted or threatened breach) of this Agreement by the other partyParty, or (ii) making any claim or asserting any defense in litigation or other formal proceedings to the extent necessary (A) to avoid the expiration of any applicable limitations period, (B) to preserve a superior position with respect to other creditors, or (C) in the case of claims involving third parties, to allow for an expeditious and orderly presentation of a party’s Party's claims or defenses.
Appears in 1 contract
Samples: Administrative Services Agreement (Metropolitan Life Separate Account E)