Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this Agreement, including without limitation the meaning of its provisions, or the proper performance of any of its terms by either Party, its breach, termination or invalidity (“Dispute”) will be resolved in accordance with the procedures specified in this Section, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to the following procedures, may file a complaint to seek preliminary injunctive or other provisional judicial relief, if in its sole judgment, that action is necessary to avoid irreparable damage or to preserve the status quo. Despite that action the Parties will continue, subject to Section 20.6, to participate in good faith in the procedures specified in this Section.
Appears in 4 contracts
Samples: Tolling Agreement (Martin Midstream Partners Lp), Tolling Agreement (Martin Midstream Partners Lp), Tolling Agreement (Martin Midstream Partners L.P.)
Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this Agreement, including without limitation the meaning of its provisions, or the proper performance of any of its terms by either Party, its breach, termination or invalidity (“Dispute”) will be resolved in accordance with the procedures specified in this Section, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to the following procedures, may file a complaint to seek preliminary injunctive or other provisional judicial relief, if in its sole judgment, that action is necessary to avoid irreparable damage or to preserve the status quo. Despite that action the Parties will continue, subject to Section 20.619.6, to participate in good faith in the procedures specified in this Section.
Appears in 3 contracts
Samples: Terminalling Services Agreement (Martin Midstream Partners Lp), Terminalling Services Agreement (Martin Midstream Partners Lp), Terminalling Services Agreement (Martin Midstream Partners Lp)
Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this Agreement, including without limitation the meaning of its provisions, or the proper performance of any of its terms by either Party, its breach, termination or invalidity (“Dispute”) will be resolved in accordance with the procedures specified in this Sectionparagraph, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to the following procedures, may file a complaint to seek preliminary injunctive or other provisional judicial relief, if in its sole judgment, that action is necessary to avoid irreparable damage or to preserve the status quo. Despite that action the Parties will continue, subject to Section 20.69.6 hereinbelow, to participate in good faith in the procedures specified in this Section.
Appears in 1 contract
Samples: LPG Transportation Agreement (Rio Vista Energy Partners Lp)
Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this Agreement, including without limitation the meaning of its provisions, or the proper performance of any of its terms by either Party, its breach, termination or invalidity (“Dispute”) will be resolved in accordance with the procedures specified in this SectionSection 21, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to the following procedures, may file a complaint to seek preliminary injunctive or other provisional judicial relief, if in its sole judgment, that such action is necessary to avoid irreparable damage or to preserve the status quo. Despite that action the Parties parties will continue, subject to Section 20.621.5, to participate in good faith in the procedures specified in this SectionSection 21.
Appears in 1 contract
Samples: Terminaling Services Agreement (TransMontaigne Partners L.P.)
Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this Agreement, including without limitation the meaning of its provisions, or the proper performance of any of its terms by either Party, its breach, termination or invalidity (“"Dispute”") will be resolved in accordance with the procedures specified in this SectionSection 16 and the subsections thereof, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to the following procedures, may file a complaint to seek preliminary injunctive or other provisional judicial relief, if in its sole judgment, that such action is necessary to avoid irreparable damage or to preserve the status quo. Despite that action the Parties parties will continue, subject to Section 20.616.5, to participate in good faith in the procedures specified in this SectionSection 16 and the subsections thereof.
Appears in 1 contract
Samples: Terminaling Services Agreement (TransMontaigne Partners L.P.)
Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this Agreement, including including, without limitation limitation, the meaning of its provisions, or the proper performance of any of its terms by either Party, its breach, termination or invalidity (“"Dispute”") will be resolved in accordance with the procedures specified in this Section, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to the following procedures, may file a complaint to seek preliminary injunctive or other provisional judicial relief, if in its sole judgment, that action is necessary to avoid irreparable damage or to preserve the status quo. Despite that action the filing of any such injunctive or other provisional judicial relief, the Parties will continue, subject to Section 20.6Subsection (j) below, to participate in good faith in the applicable procedures specified in this Section.this
Appears in 1 contract
Samples: Mutual Services Agreement (Dynegy Energy Partners Lp)
Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this Agreement, including without limitation the meaning of its provisions, or the proper performance of any of its terms by either Party, its breach, termination or invalidity (“"Dispute”") will be resolved in accordance with the procedures specified in this Sectionparagraph, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to the following procedures, may file a complaint to seek preliminary injunctive or other provisional judicial relief, if in its sole judgment, that action is necessary to avoid irreparable damage or to preserve the status quo. Despite that action the Parties will continue, subject to Section 20.613.5 hereof, to participate in good faith in the procedures specified in this Sectionsection.
Appears in 1 contract
Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this Agreement, including without limitation the meaning of its provisions, or the proper performance of any of its terms by either Party, its breach, termination or invalidity (“Dispute”) will be resolved in accordance with the procedures specified in this Sectionparagraph, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to the following procedures, may file a complaint to seek preliminary injunctive or other provisional judicial relief, if in its sole judgment, that action is necessary to avoid irreparable damage or to preserve the status quo. Despite that action the Parties will continue, subject to Section 20.6subsection (F) hereinbelow, to participate in good faith in the procedures specified in this Section.
Appears in 1 contract