Common use of Stay of Termination Clause in Contracts

Stay of Termination. (a) During informal negotiations and mediation pursuant to Section 12.1, the Parties shall not exercise any termination rights pursuant to this Agreement. During such informal negotiations and/or mediation, the Parties shall continue to fully perform their respective obligations pursuant to this Agreement. All applicable statutes of limitation and defenses based upon the passage of time and similar contractual limitations shall be tolled while discussions in Section 12.1 are pending, and the Parties shall take such action, if any, required to effectuate such tolling. Without prejudice to the procedure set forth in Section 12.1, a Party may file a complaint for statute of limitations purposes, if in its sole judgment such action may be necessary to preserve its claims or defenses. (b) During the Term of the EMS Agreement (as defined therein), if there is any lawsuit pending between Cooperative and Contractor, Host Town shall not exercise any termination rights pursuant to this Agreement and shall continue to fully perform its obligations under this Agreement. As to any claims that arise between the Parties under this Agreement, all applicable statutes of limitation and defenses based upon the passage of time and similar contractual limitations shall be tolled while such lawsuit is pending and the Parties shall take such action, if any, required to effectuate such tolling. Notwithstanding the foregoing, Host Town may file a complaint for statute of limitations purposes, if in its sole judgment such action may be necessary to preserve its claims or defenses. This provision may be waived by the Cooperative at any time by any reason.

Stay of Termination. (a) During informal negotiations and mediation pursuant to Section 12.114.1, the Parties shall not exercise any termination rights pursuant to this Agreement. During such informal negotiations and/or mediation, the Parties shall continue to fully perform their respective obligations pursuant to this Agreement. All applicable statutes of limitation and defenses based upon the passage of time and similar contractual limitations shall be tolled while discussions in Section 12.1 14.1 (Dispute Resolution) are pending, and the Parties shall take such action, if any, required to effectuate such tolling. Without prejudice to the procedure set forth in Section 12.114.1 (Dispute Resolution), a Party may file a complaint for statute of limitations purposes, if in its sole judgment such action may be necessary to preserve its claims or defenses. (b) During the Term of the EMS Agreement Solar PPA (as defined therein), if there is any lawsuit pending between Cooperative CVEC and ContractorDeveloper, Host Town shall not exercise any termination rights pursuant to this Agreement and shall continue to fully perform its obligations under this Agreement. As to any claims that arise between the Parties under this Agreement, all applicable statutes of limitation and defenses based upon the passage of time and similar contractual limitations shall be tolled while such lawsuit is pending and the Parties shall take such action, if any, required to effectuate such tolling. Notwithstanding the foregoing, Host Town may file a complaint for statute of limitations purposes, if in its sole judgment such action may be necessary to preserve its claims or defenses. This provision may be waived by the Cooperative CVEC at any time by any reason.

Stay of Termination. (a) During informal negotiations and mediation pursuant to Section 12.110.1, the Parties shall not exercise any termination rights pursuant to this Agreement. During such informal negotiations and/or mediation, the Parties shall continue to fully perform their respective obligations pursuant to this Agreement. All applicable statutes of limitation and defenses defense based upon the passage of time and similar contractual limitations shall be tolled while discussions in Section 12.1 10.1 are pending, pending and the Parties shall take such action, if any, required to effectuate such tolling. Without prejudice to the procedure set forth in Section 12.110.1, a Party may file a complaint for statute of limitations purposes, if in its sole judgment such action may be necessary to preserve its claims or defenses. (b) During the Term of the EMS Agreement (as defined therein), if there is any lawsuit pending between Cooperative Seller and Contractor, Host Town Buyer shall not exercise any termination rights pursuant to this Agreement and shall continue to fully perform its obligations under this Agreement. As to any claims that arise between the Parties under this Agreement, all applicable statutes of limitation and defenses based upon the passage of time and similar contractual limitations shall be tolled while such lawsuit is pending and the Parties shall take such action, if any, required to effectuate such tolling. Notwithstanding the foregoing, Host Town Buyer may file a complaint for statute of limitations purposes, if in its sole judgment such action may be necessary to preserve its claims or defenses. This provision may be waived by the Cooperative Seller at any time by any reason.

Stay of Termination. (a) During informal negotiations and mediation pursuant to Section 12.110.1, the Parties shall not exercise any termination rights pursuant to this Agreement. During such informal negotiations and/or mediation, the Parties shall continue to fully perform their respective obligations pursuant to this Agreement. All applicable statutes of limitation and defenses defense based upon the passage of time and similar contractual limitations shall be tolled while discussions in Section 12.1 10.1 are pending, pending and the Parties shall take such action, if any, required to effectuate such tolling. Without prejudice to the procedure set forth in Section 12.110.1, a Party may file a complaint for statute of limitations purposes, if in its sole judgment such action may be necessary to preserve its claims or defenses. (b) During the Term of the EMS Agreement PPA (as defined therein), if there is any lawsuit pending between Cooperative Seller and ContractorDeveloper, Host Town Buyer shall not exercise any termination rights pursuant to this Agreement and shall continue to fully perform its obligations under this Agreement. As to any claims that arise between the Parties under this Agreement, all applicable statutes of limitation and defenses based upon the passage of time and similar contractual limitations shall be tolled while such lawsuit is pending and the Parties shall take such action, if any, required to effectuate such tolling. Notwithstanding the foregoing, Host Town Buyer may file a complaint for statute of limitations purposes, if in its sole judgment such action may be necessary to preserve its claims or defenses. This provision may be waived by the Cooperative Seller at any time by any reason.