CLAIM LIMITATION. Unless otherwise allowed by applicable law, any claim related to the Services shall be brought within one year of the events giving rise to the claim. Failure to assert any such claim during that one-year period results in the claim being forever waived and barred.
CLAIM LIMITATION. Unless otherwise allowed by applicable law, any claim related to the Application shall be brought within one year of the events giving rise to the claim. Failure to assert any such claim during that one-year period results in the claim being forever waived and barred.
CLAIM LIMITATION. An Indemnified Party shall not be entitled to indemnification under this Article 11 with respect to any matter that was taken into account in the calculation of Final Net Inventory Minus Liabilities or otherwise in the calculation of the amount payable under the Note (“Excluded Claims”).
CLAIM LIMITATION. If the Access Client files a claim or counterclaim against Xxxxxx & Xxxxxxxx or any of its attorneys or employees in any such arbitration, he or she may do so only on an individual basis and not with any other member or as part of a class action.
CLAIM LIMITATION. Notwithstanding anything to the contrary contained herein, Purchaser shall not assert any claim or claims against Seller for breach of any representation or warranty made by Seller in this Agreement, and Seller shall not assert any claim or claims against Purchaser for breach of any representation or warranty made by Purchaser in this Agreement, as the case may be, unless and until the aggregate of such party’s claim or claims thereunder exceeds Twenty Five Thousand and 00/100 Dollars ($25,000.00) (“Claim Threshold”); provided, however, once any claim or claims exceed the Claim Threshold, Purchaser or Seller, as applicable, shall be liable back to the first dollar of such claims. Notwithstanding the foregoing, the limitations of the Claim Threshold shall (a) not be applicable in the event of a breaching party’s gross negligence or willful misconduct and any claim or claims by the other party that fall below the Claim Threshold arising as a result of such breaching party’s gross negligence or willful misconduct may be asserted, or (b) have any effect on the Master Lease.
CLAIM LIMITATION. You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or this Agreement must be filed within one year after said claim or cause of action arose or shall be forever barred.
CLAIM LIMITATION. No claim shall be brought by an Indemnified Person in respect of any misrepresentation or breach of warranty under this Agreement or the other Transaction Documents after one year from and after the date hereof; and any claim for nonfulfillment, default or breach of any covenant shall be brought within one year of the date of that such Indemnified Person became aware or should have become aware of the nonfulfillment, default or breach, unless written notice thereof shall have been provided prior to such one-year period, in which case such surviving claims shall be limited to those in such notice. Except as set forth in the previous sentence, this Article XI is not intended to limit the rights or remedies otherwise available to any party hereto with respect to this Agreement or the Transaction Documents.
CLAIM LIMITATION. If Closing occurs, Seller Indemnified Parties, and any of them, may not bring (and hereby waives, and forfeits) any claim against Buyer Indemnified Parties for the inaccuracy, violation or breach of any representation, warranty or covenant in this Agreement to the extent any Seller Indemnified Party had actual knowledge of such inaccuracy, violation or breach on or before the Closing. If Closing occurs, Buyer Indemnified Parties, and any of them, may not bring (and hereby waives, and forfeits) any claim against Seller Indemnified Parties for the inaccuracy, violation or breach of any representation, warranty or covenant in this Agreement to the extent any Buyer Indemnified Party had actual knowledge of such inaccuracy, violation or breach on or before the Closing.
CLAIM LIMITATION. No amount shall be payable by the Indemnifying Parties with respect to the Indemnification Event under:
(a) Clause 11.1(a) (including for avoidance of doubt limb (a) and (b) of the Sole Liability Indemnification Event) and Clause 11.1(f), unless the Indemnified Parties have notified the Indemnifying Parties in writing of such Indemnification Claim, on or prior to 11 (Eleven) years from the Closing Date;
(b) Clause 11.1(b) and Clause 11.1(e), unless the Indemnified Parties have notified the Indemnifying Parties in writing of such Indemnification Claim, on or prior to 2 (Two) years from the Closing Date;
(c) Clause 11.1(c) unless the Indemnified Parties have notified the Indemnifying Parties in writing of such Indemnification Claim, on or prior to 4 (Four) years from close of the Financial Year in which Closing occurs;
CLAIM LIMITATION. No amount shall be payable by the Indemnifying Parties with respect to:
(i) the Indemnification Event under Clause 8.1.2, unless the Indemnified Parties have notified the Indemnifying Parties in writing of such Indemnification Claim, on or prior to the expiry of five hundred and forty (540) calendar days from the Closing Date;
(ii) the Indemnification Event under Clause 8.1.3, unless the Indemnified Parties have notified the Indemnifying Parties in writing of such Indemnification Claim, on or prior to the earlier of (x) ten (10) years from close of the Indian Financial Year in which Closing occurs, or (y) the date on which the applicable statute of limitations expires.
(iii) the Indemnification Event under Clause 8.1.5, unless the Indemnified Parties have notified the Indemnifying Parties in writing of such Indemnification Claim, on or prior the expiry of five hundred and forty (540) calendar days from the Closing Date.
