Optional Clause to Protect Rights

Provisional Remedies and Interim Relief

The procedures specified in this Article 00 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however, that a party may file a complaint [for statute of limitations or venue reasons,] [to seek a preliminary injunction or other provisional judicial relief,] if in its sole judgment such action is necessary. Despite such action, the parties will continue to participate in the procedures specified in this Article 00.

Tolling Statute of Limitations

All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedure(s) specified in this Article 00 is pending. The parties will take such action, if any, required to effectuate such tolling.

Performance to Continue

Each party is required to continue to perform its obligations under this contract pending final resolution of any dispute arising out of or relating to this contract, [unless to do so would be impossible or impracticable under the circumstances].

Right of Termination

The requirements of this Article 00 shall not be deemed a waiver of any right of termination under this contract.  

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