Tolling and Performance. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Section 5.10(c) are pending. The parties hereto shall take any action required to effectuate that tolling. Each party hereto is required to continue to perform its obligations under this Agreement pending completion of the procedures set forth in Section 5.10(c), unless to do so would be impossible or impracticable under the circumstances.
Tolling and Performance. Except as otherwise provided in this Article XIII, all applicable statutes of limitation and defenses based upon the passage of time and all contractual limitation periods specified in this Agreement, if any, will be tolled while the procedures specified in this Article XIII are pending. The Parties will take all actions to effectuate necessary to effectuate the tolling of any applicable statute of limitation or contractual limitation periods. All deadlines specified herein may be extended by mutual written agreement of the Parties. Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the circumstances. Notwithstanding the foregoing, the statute of limitations of the State of Texas applicable to the commencement of a lawsuit will apply to the commencement of an arbitration under this Agreement, except that no defenses will be available based upon the passage of time during any negotiation or mediation called for by the preceding Subsections of this Section.
Tolling and Performance. Except as indicated in the preceding subsection with regard to the commencement of arbitration, all applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this Section are pending. The Parties will take any action required to effectuate that tolling. Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the circumstances. Furthermore, notwithstanding the pendency of the mediation or arbitration, the Parties shall continue to perform under this Agreement to the extent that such performance does not exacerbate (other than with respect to monetary matters) the specific matter giving rise to the dispute, controversy or claim.
Tolling and Performance. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this Section 19 are pending. The Parties will take any action required to effectuate that tolling. Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the circumstances. This Agreement has been executed by the authorized representatives of each Party as indicated below effective as of the Effective Date.
Tolling and Performance. Except as otherwise provided in these procedures, all applicable statutes of limitation and defenses based upon the passage of time and all contractual limitation periods specified in this Agreement, if any, will be tolled while the procedures specified herein are pending. The Parties will take all actions necessary to effectuate the tolling of any applicable statute of limitation or contractual limitation periods. All deadlines specified herein may be extended by mutual written agreement of the Parties. Each party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the circumstances. Notwithstanding the foregoing, the statute of limitations of the State of Texas applicable to the commencement of a lawsuit will apply to the commencement of an arbitration under this Agreement, except that no defenses will be available based upon the passage of time during any negotiation or mediation called for by these procedures. September 23, 2008 DCP Midstream 00 Xxxxx Xxxxx, Suite 400W Midland, TX 79705 Attention: Xxxxxx Xxxxxxx, Xxx Xxxxx, Contract Administration Enclosed you will find the Certificate of Conversion evidencing the change from Resaca Exploitation, LP to Resaca Exploitation, Inc. Please ensure that the contract records are changed to reflect our new entity name. Thank you, Xxxx Xxxxxxx Xxxxxxx Marketing Manager Targa Midstream Services Limited Partnership 0000 Xxxxxxxxx Xxxxx 0000 Xxxxxxx, Xxxxx 00000 xxx.xxxxxxxxxxxxxx.xxx RESACA EXPLOITATION INC. (“COMPANY”) 0000 XXXXX XXX 1450 HOUSTON, TX 77010 Attn: Contract Administration RE: GAS DELIVERED AND SOLD BY COMPANY TO VERSADO GAS PROCESSORS, L.L.C. (“VERSADO”) AT VERSADO’S XXXXXX PLANT (“PLANT”) LOCATED IN LEA COUNTY, NEW MEXICO. Gentlemen: Versado is currently gathering and processing gas (“Gas”) from Company pursuant to purchase and/or processing contract(s) and/or agreement(s) (collectively, and as amended, the “Contract(s)”). The Gas is processed under the terms of the Contract(s) at the Plant. The residue gas remaining after processing (“Residue”) is delivered to El Paso Natural Gas Company (“EPNG”). EPNG has notified Versado that it currently contemplates that effective November 1, 2008 and extending through December 31, 2008 (“Curtailment Period”) EPNG will severely curtail its receipt of Residue from the Plant and will only accept 30MMscf/d of Residue (“Base Residue”) from the Pl...
Tolling and Performance. Except as otherwise provided in this Article 34, all applicable statutes of limitation and defenses based upon the passage of time and all contractual limitation periods specified in this Agreement, if any, will be tolled while the procedures specified in this Article 34 are pending. The Parties will take all actions to effectuate the tolling of any applicable statute of limitation or contractual limitation periods. All deadlines specified herein may be extended by mutual written agreement of the Parties or, if an Arbitration Notice has been sent regarding the Dispute, by written order of a majority of the arbitrators. Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the Sale of Assets Agreement - GulfCoast Terminals 49 50 circumstances. Notwithstanding the foregoing, the statute of limitations of the State of New York applicable to the commencement of a lawsuit will apply to the commencement of an arbitration under this Agreement, except that no defenses will be available based upon the passage of time during any negotiation or mediation called for by the preceding Sections of this Article.
Tolling and Performance. Except as indicated in the preceding subsection with regard to the commencement of arbitration, all applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this paragraph are pending. The Parties will take any action required to effectuate that tolling. Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the circumstances.
Tolling and Performance. If a party hereto gives another party hereto a Dispute Notice within the applicable statute of limitation or the applicable survival period, the statute of limitation or the survival period relating to that particular Dispute shall be tolled, provided that the party pursues dispute resolution in accordance with the time frame specified in this Section 11.8. The parties hereto will take any further action required to effectuate that tolling. Each party hereto is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the circumstances.
Tolling and Performance. Except as otherwise provided in these procedures, all applicable statutes of limitation and defenses based upon the passage of time and all contractual limitation periods specified in this Agreement, if any, will be tolled while the procedures specified herein are pending. The Parties will take all actions necessary to effectuate the tolling of any applicable statute of limitation or contractual limitation periods. All deadlines specified herein may be extended by mutual written agreement of the Parties. Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the circumstances.
Tolling and Performance. Except as otherwise provided in these procedures, all applicable statutes of limitation and defenses based upon the passage of time and all contractual limitation periods specified in this Agreement, if any, will be tolled while the procedures specified herein are pending. The parties will take all actions necessary to effectuate the tolling of any applicable statutes of limitation or contractual limitation periods. All deadlines specified herein may be extended by mutual written agreement of the parties. Each party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless doing so would be impossible or impracticable under the circumstances. Notwithstanding the foregoing, the statute of limitations of the State of Texas applicable to the commencement of a lawsuit will apply to the commencement of an arbitration under this Agreement, except that no defenses will be available based upon the passage of time during any negotiation or proceeding called for by these procedures.