Common use of Unlawful Actions Clause in Contracts

Unlawful Actions. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that in no event will HEP or ALON ever be deemed to be in breach of this Agreement for any failure of HEP or ALON to observe or perform any provision or covenant of this Agreement if such failure to perform is attributable to any provision in this Agreement, any tariff, or any Ancillary Document, which is invalid or in violation of Applicable Law. In such event, or in the event of any action described in Section 12(b), the parties shall negotiate in good faith in an attempt to agree to another provision (instead of the provision which is invalid or in violation of Applicable Law) that is valid and legal and carries out the parties’ intentions under this Agreement.

Unlawful Actions. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that in no event will HEP or ALON ever be deemed to be in breach of this Agreement for any failure of HEP or ALON to observe or perform any provision or covenant of this Agreement if such failure to perform is attributable to any provision in this Agreement, any tariff, or any Ancillary Document, which is invalid or in violation of Applicable Law. In such event, or in the event of any action described in Section 12(b), the parties shall negotiate in good faith in an attempt to agree to another provision (instead of the provision which is invalid or in violation of Applicable Law) that is valid and legal and carries out the parties’ ' intentions under this Agreement.