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Will a standstill be agreed upon?

An important point for the parties to consider is whether or not they want to agree on a standstill of the dispute, i.e. an interruption and suspension of legal and arbitral proceedings and/or contractual and statutory prescription and expiry periods. We provide several options.

 

due and payable, notwithstanding the Provisional Measures ending with retroactive effect on the End Date.

  1. This Agreement is not a settlement agreement and does not prejudice the legal position of either Party under the Existing Legal Relationship or in respect of the Dispute. This Agreement does not change the Existing Legal Relationship, except for the Provisional Measures, which will be temporarily in place. For the avoidance of doubt: neither the Provisional Measures nor the performance under the Provisional Measures shall in any way affect the burden of proof in respect of the Dispute.
  2. Explanation to Article 1.5

    Article 1.5 emphasizes that the agreement is not a settlement agreement. However, the agreement could be a settlement agreement in part, if the parties wish to suspend statutory prescription and expiry periods. Under Dutch law, this is not possible other than in a settlement agreement.

  1. Miscellaneous
 
 

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