Common use of Tolling and Performance Clause in Contracts

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.

Appears in 2 contracts

Samples: Fractionation Agreement (Dynegy Energy Partners Lp), Fractionation Agreement (Dynegy Energy Partners Lp)

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Tolling and Performance. Except as otherwise provided in this Article XIIIParagraph 13, all applicable statutes of limitation and defenses based upon the passage of time and all contractual limitation periods specified in this AgreementLease, if any, will be tolled while the procedures specified in this Article XIII Paragraph 13 are pending. The Parties will take all actions to effectuate necessary to effectuate the tolling of any applicable statute of limitation or of 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 Lease 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 AgreementLease, except that no defenses will be available based upon the passage of time during any negotiation or mediation called for by the preceding Subsections Subparagraphs of this SectionParagraph.

Appears in 1 contract

Samples: Fractionation Agreement (Dynegy Energy Partners Lp)

Tolling and Performance. Except as otherwise provided in this Article XIII13, 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 13 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.

Appears in 1 contract

Samples: Fractionation Agreement (Dynegy Energy Partners Lp)

Tolling and Performance. Except as otherwise provided in this Article XIII8, 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 8 are pending. The Parties will take all actions to effectuate necessary to 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.

Appears in 1 contract

Samples: Mutual Services Agreement (Dynegy Energy Partners Lp)

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Tolling and Performance. Except as otherwise provided in this Article XIIISection 29, 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 Section 29 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.

Appears in 1 contract

Samples: Dynegy Energy Partners Lp

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