Common use of Avoidance Action Clause in Contracts

Avoidance Action. Notwithstanding Sections 2 and 3 above, in the event that prior to the End Date (as defined below), a suit or other cause of action is brought against or threatened against DTE by or on behalf of PGET, the Guarantor, their respective estates or their respective successors or assigns (an “Avoidance Action”) seeking to recover from DTE all or any portion of the Termination Payment, the Ordinary Course Payments or any amount previously paid to DTE under the Subject Contract and DTE either pays any amount in settlement of or for a release from any Avoidance Action, or any amount previously paid by PGET to DTE hereunder or under the Subject Contract is rescinded or must otherwise be returned for any reason whatsoever, then the Guarantor and PGET shall be liable under the Guarantee and this Agreement, respectively, with respect to all or any portion of the amount so recovered from, or paid by, DTE as a result thereof. As used herein, “End Date” shall mean the date which is the earlier of (x) six (6) years and one day after DTE’s receipt of the Termination Payment, and (y) the date of the consummation of a plan of reorganization with respect to PGET that does not provide for the survival of any claims or causes of actions against DTE with respect to the Termination Payment or the Ordinary Course Payments.