Common use of Tolling and Performance Clause in Contracts

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. This Agreement has been executed by the authorized representatives of each Party as indicated below effective as of the Effective Date. CROSS OIL REFINING & MARKETING, INC. By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Executive Vice President XXXXXX OPERATING PARTNERSHIP L.P. By: Xxxxxx Operating GP LLC, Its General Partner By: Xxxxxx Midstream Partners L.P., Its Sole Member By: Xxxxxx Midstream GP LLC, Its General Partner By: /s/ Xxxxx X. Xxxxxx

Appears in 1 contract

Samples: Tolling Agreement (Martin Midstream Partners Lp)

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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. This Agreement has been executed by the authorized representatives of each Party as indicated below effective as of the Effective Date. CROSS OIL REFINING & MARKETING, INC. By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxxxxx Xxxxxx X. XxxxxxxxxXxxxxx, Executive Vice III Title: President and CEO XXXXXX OPERATING PARTNERSHIP L.P. By: Xxxxxx Operating GP LLC, Its General Partner By: Xxxxxx Midstream Partners L.P., Its Sole Member By: Xxxxxx Midstream GP LLC, Its General Partner By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx, III Title: President and CEO

Appears in 1 contract

Samples: Tolling Agreement (Martin Midstream Partners Lp)

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. This Agreement has been executed by the authorized representatives of each Party as indicated below effective as of the Effective Date. CROSS OIL REFINING & MARKETING, INC. By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Executive Vice President XXXXXX OPERATING PARTNERSHIP L.P. By: Xxxxxx Operating GP LLC, Its General Partner By: Xxxxxx Midstream Partners L.P., Its Sole Member By: Xxxxxx Midstream GP LLC, Its General Partner By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx, President and Chief Executive Officer

Appears in 1 contract

Samples: Tolling Agreement

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. This Agreement has been executed by the authorized representatives of each Party as indicated below effective as of the Effective Date. CROSS OIL REFINING & MARKETING, INC. By: /s/ Xxxxxx X. Xxxxxxxxx Xxxxxx X. Xxxxxxxxx, Executive Vice President Name: Title: XXXXXX OPERATING PARTNERSHIP L.P. By: Xxxxxx Operating GP LLC, Its General Partner By: Xxxxxx Midstream Partners L.P., Its Sole Member By: Xxxxxx Midstream GP LLC, Its General Partner By: /s/ Xxxxx X. XxxxxxName: Title:

Appears in 1 contract

Samples: Tolling Agreement (Martin Midstream Partners Lp)

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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. This Agreement has been executed by the authorized representatives of each Party as indicated below effective as of the Effective Datedate set forth above. CROSS OIL REFINING & MARKETING, INC. By: /s/ Xxxxxx Xxxxxxx X. Xxxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx X. XxxxxxxxxXxxxxxxx, President and Chief Executive Vice President Officer XXXXXX OPERATING PARTNERSHIP L.P. By: Xxxxxx Operating GP LLC, Its General Partner By: Xxxxxx Midstream Partners L.P., Its Sole Member By: Xxxxxx Midstream GP LLC, Its General Partner By: /s/ Xxxxx Xxxxxx X. XxxxxxXxxxxxxxx Xxxxxx X. Xxxxxxxxx, President and Chief Executive Officer

Appears in 1 contract

Samples: Tolling Agreement (Martin Midstream Partners L.P.)

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