Common use of Final Performance Clause in Contracts

Final Performance. Notwithstanding any provision herein to the contrary, Seller shall not be required to pay to Buyer any amount due under this Agreement until Seller receives confirmation satisfactory to it, in its reasonable discretion, that all obligations of any kind whatsoever of Buyer to make any payments to Seller or any of the Affiliates of Seller under this or any other contract have been or will be fully and finally performed; nor shall Seller be required to compensate Buyer for any Losses incurred by Buyer in connection with a default or termination hereunder.

Appears in 2 contracts

Sources: Natural Gas Liquids Purchase Agreement, Natural Gas Liquids Purchase Agreement (Markwest Energy Partners L P)