However, the Loan Managers effectively restarted the statute of limitations under both California and Delaware law. See e.g. , Cal. Civ. Proc. Code § 360 ("No acknowledgement or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of [the statute of limitations], unless the same is contained in some writing, signed by the party to be charged thereby ,...") (emphasis added); Mykulak v. Collins , 301 A.2d 313, 316 (Del. Super. Ct. 1973) (interpreting Section 8109's precursor statute, 10 Del. C. § 8108, and holding that the statute provides "a six year limitation for bringing action on a written instrument which acknowledges an existing indebtedness .") (emphasis added). In his cover email for the December 2007 Loan Manager, Plaintiff notes that the Loan Managers were "valid & binding – signed under the Electronic Signature Act."

An "acknowledgment" which commences the six-year limitations period of § 8109 is defined as "an instrument which by its terms clearly recognizes or admits the existence of a prior claim or debt. . . ." Mykulak v. Collins, 301 A.2d 313, 316 (Del.Super.Ct. 1973) (interpreting § 8109's precursor statute, 10 Del. C. § 8108). NIOC contends that the Jones letter manifests Mapco's clear recognition of its debt to pay the principal amounts due and owing for the two 1979 crude oil shipments, even if the letter fails to acknowledge Mapco's liability for interest on the principal.

An "acknowledgement" is defined as "an instrument which by its terms clearly recognizes or admits the existence of a prior claim or debt. . . ." Mykulak v. Collins, 301 A.2d 313, 316 (Del.Super.Ct. 1973); National Iranian Oil v. Mapco Int'l Inc., 825 F. Supp. 77, 79 (D.Del. 1993). In order to be entitled to the six year statute of limitations in 10 Del.C. § 8109 an acknowledgement must be in writing, under the hand of a party, of a subsisting demand, upon which the action is founded and must in itself establish the plaintiff's claim or cause of action.