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Dgs Lawbankruptcy Court Distinguishes Sabine and Holds that Form

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BANKRUPTCY (PRE 1989 AGREEMENTS) If, following the granting of relief under the Bankruptcy Code to any Party to this Agreement as debtor, this Agreement should be held to be an executory contract under the Bankruptcy Code, then any remaining Party shall be entitled to a determination by debtor or any trustee for debtor within thirty (30) days (inclusive of Saturday, Sunday, and legal holidays) from the date an order for relief is entered under the Bankruptcy Code as to the rejection or assumption of this Agreement in its entirety. In the event of an assumption, the Party see king determination shall be entitled to adequate assurances as to the future performance of debtor’s obligation under this Agreement and the protection of the interest of all Parties. The debtor shall satisfy its obligation to provide adequate assurances by either advancing payments or deposit ing the debtor’s proportionate share of expenses in escrow.

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