Common use of No Duty To Pursue Others Clause in Contracts

No Duty To Pursue Others. It shall not be necessary for Xxxxx Tulsa (and each of the Partnership and the Operating Partnership hereby waives any rights which the Partnership or the Operating Partnership, as applicable, may have to require Xxxxx Tulsa), in order to enforce such payment by the Partnership or the Operating Partnership, first to (i) institute suit or exhaust its remedies against HEP Tulsa or HEP Storage-Tulsa or others liable on the HEP Tulsa Payment Obligations or any other person, (ii) enforce Xxxxx Tulsa’ rights against any other guarantors of the HEP Tulsa Payment Obligations, (iii) join HEP Tulsa, HEP Storage-Tulsa or any others liable on the HEP Tulsa Payment Obligations in any action seeking to enforce this Section 15, (iv) exhaust any remedies available to Xxxxx Tulsa against any security which shall ever have been given to secure the HEP Tulsa Payment Obligations, or (v) resort to any other means of obtaining payment of the HEP Tulsa Payment Obligations.

Appears in 4 contracts

Samples: Pipelines, Tankage and Loading Rack Throughput Agreement (Holly Energy Partners Lp), Pipelines, Tankage and Loading Rack Throughput Agreement (HollyFrontier Corp), Pipelines, Tankage and Loading Rack Throughput Agreement (Holly Corp)

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No Duty To Pursue Others. It shall not be necessary for Xxxxx HEP Tulsa or HEP Storage-Tulsa (and each of the Partnership and the Operating Partnership Xxxxx hereby waives any rights which the Partnership or the Operating Partnership, as applicable, Xxxxx may have to require Xxxxx HEP Tulsa or HEP Storage-Tulsa), in order to enforce such payment by the Partnership or the Operating PartnershipXxxxx, first to (i) institute suit or exhaust its remedies against HEP Tulsa or HEP Storage-Xxxxx Tulsa or others liable on the HEP Xxxxx Tulsa Payment Obligations or any other person, (ii) enforce Xxxxx HEP Tulsa’s and HEP Storage-Tulsa’s rights against any other guarantors of the HEP Xxxxx Tulsa Payment Obligations, (iii) join HEP Tulsa, HEP Storage-Xxxxx Tulsa or any others liable on the HEP Xxxxx Tulsa Payment Obligations in any action seeking to enforce this Section 1514, (iv) exhaust any remedies available to Xxxxx HEP Tulsa and HEP Storage-Tulsa against any security which shall ever have been given to secure the HEP Xxxxx Tulsa Payment Obligations, or (v) resort to any other means of obtaining payment of the HEP Xxxxx Tulsa Payment Obligations.

Appears in 4 contracts

Samples: Pipelines, Tankage and Loading Rack Throughput Agreement (HollyFrontier Corp), Pipelines, Tankage and Loading Rack Throughput Agreement (Holly Energy Partners Lp), Pipelines, Tankage and Loading Rack Throughput Agreement (Holly Energy Partners Lp)

No Duty To Pursue Others. It shall not be necessary for Xxxxx Tulsa (and each of the Partnership and the Operating Partnership hereby waives any rights which the Partnership or the Operating Partnership, as applicable, may have to require Xxxxx Tulsa), in order to enforce such payment by the Partnership or the Operating Partnership, first to (i) institute suit or exhaust its remedies against HEP Tulsa or HEP Storage-Tulsa or others liable on the HEP Tulsa Payment Obligations or any other person, (ii) enforce Xxxxx Tulsa’ rights against any other guarantors of the HEP Tulsa Payment Obligations, (iii) join HEP Tulsa, HEP Storage-Tulsa or any others liable on the HEP Tulsa Payment Obligations in any action seeking to enforce this Section 15, (iv) exhaust any remedies available to Xxxxx Tulsa against any security which shall ever have been given to secure the HEP Tulsa Payment Obligations, or (v) resort to any other means of obtaining payment of the HEP Tulsa Payment Obligations.. Pipelines, Tankage and Loadings Racks Throughput Agreement (Tulsa East)

Appears in 1 contract

Samples: Pipelines, Tankage and Loading Rack Throughput Agreement (Holly Corp)

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No Duty To Pursue Others. It shall not be necessary for Xxxxx Tulsa (and each of the Partnership and the Operating Partnership hereby waives any rights which the Partnership or the Operating Partnership, as applicable, may have to require Xxxxx Tulsa), in order to enforce such payment by the Partnership or the Operating Partnership, first to (i) institute suit or exhaust its remedies against HEP Tulsa or HEP Storage-Tulsa or others liable on the HEP Tulsa Payment Obligations or any other person, (ii) enforce Xxxxx Tulsa’ rights against any other guarantors of the HEP Tulsa Payment Obligations, (iii) join HEP Tulsa, HEP Storage-Tulsa or any others liable on the HEP Tulsa Payment Obligations in any action seeking to enforce this Section 1512, (iv) exhaust any remedies available to Xxxxx Tulsa against any security which shall ever have been given to secure the HEP Tulsa Payment Obligations, or (v) resort to any other means of obtaining payment of the HEP Tulsa Payment Obligations.

Appears in 1 contract

Samples: Indemnification Proceeds and Payments Allocation Agreement (Holly Corp)

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