Effect of Certain Terminations. In the event of termination of this Agreement pursuant to this Article IX, all rights and obligations of the Parties hereto under this Agreement shall terminate, except the provisions of Section 5.2(b), Section 5.6, Section 5.7, Article IX and Article X shall survive such termination; provided, however, that nothing herein shall relieve any party hereto from any liability for any intentional or willful and material breach by such party of any of its representations, warranties, covenants or agreements set forth in this Agreement and all rights and remedies of a non-breaching party under this Agreement in the case of such 61 intentional or willful and material breach, at law or in equity, shall be preserved. Except to the extent otherwise provided in the immediately preceding sentence, ETP and OGE agree that, if this Agreement has been terminated, any amount payable pursuant to this Section 9.2 shall be the sole and exclusive remedy of the Parties hereto.
Appears in 2 contracts
Samples: Contribution Agreement (Energy Transfer Equity, L.P.), Contribution Agreement (Energy Transfer Partners, L.P.)
Effect of Certain Terminations. (a) In the event of termination of this Agreement pursuant to this Article IXVIII, all rights and obligations of the Parties parties hereto under this Agreement shall terminate, except the provisions of Section 5.2(b), Section 5.65.8, Section 5.75.9, Article IX VIII and Article X IX shall survive such termination; provided, however, provided that nothing herein shall relieve any party hereto from any liability for any intentional or willful and material breach by such party of any of its representations, warranties, covenants or agreements set forth in this Agreement and all rights and remedies of a non-breaching nonbreaching party under this Agreement in the case of such 61 intentional or willful and material breach, at law or in equity, shall be preserved. Except to the extent otherwise provided in the immediately preceding sentencesentence and Section 8.7 and 8.8, ETP the MLP Parties and OGE the Buyer Parties agree that, if this Agreement has been terminated, any amount payable pursuant to this Section 9.2 8.5 shall be the sole and exclusive remedy of the Parties parties hereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Plains All American Pipeline Lp), Agreement and Plan of Merger (Pacific Energy Partners Lp)
Effect of Certain Terminations. In the event of termination of this Agreement pursuant to this Article IX, all rights and obligations of the Parties hereto under this Agreement shall terminate, except the provisions of Section 5.2(b), Section 5.6, Section 5.7, Article IX and Article X shall survive such termination; provided, however, that nothing herein shall relieve any party hereto from any liability for any intentional or willful and material breach by such party of any of its representations, warranties, covenants or agreements set forth in this Agreement and all rights and remedies of a non-breaching party under this Agreement in the case of such 61 intentional or willful and material breach, at law or in equity, shall be preserved. Except to the extent otherwise provided in the immediately preceding sentence, ETP and OGE agree that, if this Agreement has been terminated, any amount payable pursuant to this Section 9.2 shall be the sole and exclusive remedy of the Parties hereto.
Appears in 1 contract
