Challenge to Enforceability. (i) Any Proceeding shall have been commenced by any Person (other than by either Party) seeking to cancel, revoke, rescind or disaffirm the obligations of any Party to this Agreement (unless such Party is contesting the Proceeding in good faith and such Proceeding is withdrawn or dismissed with prejudice within fifteen (15) calendar days); (ii) Any court or other Governmental Authority shall issue a judgment, order, decree or ruling to the effect that any of the material obligations of any Party to this Agreement is illegal, invalid or unenforceable in accordance with its terms; or (iii) Any claim or lien (other than Owner's statutory landlord/bailee lien, or any statutory liens for taxes not yet due) is asserted or placed on any portion of Customer's Product while stored at the Terminals.
Appears in 2 contracts
Sources: Terminaling Services Agreement, Terminaling Services Agreement (TransMontaigne Partners L.P.)
Challenge to Enforceability. (i) Any Proceeding shall have been commenced by any Person (other than by either Party) seeking to cancel, revoke, rescind or disaffirm the obligations of any Party to this Agreement (unless such Party is contesting the Proceeding in good faith and such Proceeding is withdrawn or dismissed with prejudice within fifteen (15) calendar days);
(ii) Any court or other Governmental Authority shall issue a judgment, order, decree or ruling to the effect that any of the material obligations of any Party to this Agreement is illegal, invalid or unenforceable in accordance with its terms; or
(iii) Any claim or lien (other than Owner's ’s statutory landlord/bailee lien, or any statutory liens for taxes not yet due) is asserted or placed on any portion of Customer's ’s Product while stored at the Terminals.
Appears in 1 contract
Sources: Terminaling Services Agreement (TransMontaigne Partners L.P.)