Common use of Covered Disputes Clause in Contracts

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 the filing of any such injunctive or other provisional judicial relief, the Parties will continue, subject to Subsection 13.10 below, to participate in the applicable procedures specified in this Section. The obligation to participate in such applicable procedures shall not require either Party to participate in the negotiation between executives procedures set forth in Subsection 13.3 below or the mediation procedures set forth in Subsection 13.4 below if either Party determines, in its sole discretion, that such procedures would be futile.

Appears in 2 contracts

Samples: Fractionation Agreement (Dynegy Energy Partners Lp), Fractionation Agreement (Dynegy Energy Partners Lp)

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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 the filing of any such injunctive or other provisional judicial relief, the Parties will continue, subject to Subsection 13.10 (j) below, to participate in the applicable procedures specified in this Section. The obligation to participate in such applicable procedures shall not require either Party to participate in the negotiation between executives procedures set forth in Subsection 13.3 (c) below or the mediation procedures set forth in Subsection 13.4 (d) below if either Party determines, in its sole discretion, that such procedures would be futile.

Appears in 2 contracts

Samples: Fractionation Agreement (Dynegy Energy Partners Lp), Dynegy Energy Partners Lp

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Covered Disputes. Any dispute, controversy or claim (whether sounding in contract, tort or otherwise) arising out of or relating to this AgreementLease, 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 the filing of any such injunctive or other provisional judicial relief, the Parties will continue, subject to Subsection 13.10 Subparagraph (j) below, to participate in the applicable procedures specified in this SectionParagraph. The obligation to participate in such applicable procedures shall not require either Party to participate in the negotiation between executives procedures set forth in Subsection 13.3 Subparagraph (c) below or the mediation procedures set forth in Subsection 13.4 Subparagraph (d) below if either Party determines, in its sole discretion, that such procedures would be futile.

Appears in 1 contract

Samples: Fractionation Agreement (Dynegy Energy Partners Lp)

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