Assertion of Claims. Neither Party shall be entitled to assert any claim for indemnification until such time as all claims of such Party for indemnification under this Agreement exceed an amount equal to the sum of one hundred thousand Dollars (US$100,000), in the aggregate, at which time all claims of such Party for indemnification under this Agreement may be asserted; provided, however, that when such claims have been asserted the same rule shall apply in respect of future claims. Notwithstanding the preceding sentence, either Party may assert a claim for indemnification regardless of amount upon the expiry or earlier termination of this Agreement or if such claim would otherwise be barred by the applicable statute of limitations.
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Assertion of Claims. Neither No Party shall be entitled to assert any claim for indemnification until such time as all claims of such Party for indemnification under this Agreement exceed an amount equal to the sum of one hundred thousand Dollars (US$100,000), in the aggregate, at which time all claims of such Party for indemnification under this Agreement may be asserted; provided, however, that when such claims have been asserted the same rule shall apply in respect of future claims. Notwithstanding the preceding sentence, either no Party may assert a claim for indemnification regardless of amount upon the expiry or earlier termination of this Agreement or if such claim would otherwise be barred by the applicable statute of limitations.
Appears in 5 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Assertion of Claims. Neither Party shall be entitled to assert any claim for indemnification until such time as all claims of such Party for indemnification under this Lease Agreement exceed an amount equal to the sum of one hundred thousand Dollars (US$100,000), in the aggregate, at which time all claims of such Party for indemnification under this Lease Agreement may be asserted; provided, however, that when such claims have been asserted the same rule shall apply in respect of future claims. Notwithstanding the preceding sentence, either Party may assert a claim for indemnification regardless of amount upon the expiry or earlier termination of this Lease Agreement or if such claim would otherwise be barred by the applicable statute of limitations.
Appears in 3 contracts
Samples: Land Lease Agreement, Land Lease Agreement, Land Lease Agreement
Assertion of Claims. Neither β No Party shall be entitled to assert any claim for indemnification until such time as all claims of such Party for indemnification under this Agreement exceed an amount equal to the sum of one hundred thousand Dollars (US$100,000), in the aggregate, at which time all claims of such Party for indemnification under this Agreement may be asserted; provided, however, that when such claims have been asserted the same rule shall apply in respect of future claims. Notwithstanding the preceding sentence, either no Party may assert a claim for indemnification regardless of amount upon the expiry or earlier termination of this Agreement or if such claim would otherwise be barred by the applicable statute of limitations.
Appears in 1 contract
Samples: Implementation Agreement
Assertion of Claims. Neither No Party shall be entitled to assert any claim for indemnification until such time as all claims of such Party for indemnification under this Agreement exceed an amount equal to the sum of one hundred twenty thousand Dollars (US$100,00020,000), in the aggregate, at which time all claims of such Party for indemnification under this Agreement may be asserted; provided, however, that when such claims have been asserted the same rule shall apply in respect of future claims. Notwithstanding the preceding sentence, either no Party may assert a claim for indemnification regardless of amount upon the expiry or earlier termination of this Agreement or if such claim would otherwise be barred by the applicable statute of limitations.
Appears in 1 contract
Samples: Implementation Agreement