CLAIM TIME LIMIT. In no event shall any claim, dispute, controversy or other matter arising pursuant to this Agreement (other than claims for financial non-compliance arising from an audit performed in accord with the provisions of Section 7 above) be made against NASDAQ, Distributor, or any Person claiming by or through either Nasdaq or Distributor, later than three (3) years after the claim, dispute, controversy or other matter in question has arisen.
CLAIM TIME LIMIT. Customer acknowledges and agrees that it shall bring any claim arising under or relating to this Agreement within 12 months from the date of the claim arising, or, if later, within 12 months from the date Customer first became aware of the matters leading to the claim, and failure to do so shall result in any such claim automatically and irrevocably expiring.
CLAIM TIME LIMIT. In no event shall any claim, dispute, controversy or other matter in question be made against NASDAQ OMX by Distributor (or any Person claiming by or through Distributor) later than one year after the claim, dispute, controversy or other matter in question has arisen.
CLAIM TIME LIMIT. Recourse against the United States for any alleged breach of this agreement must be made under the terms of the Federal Tort Claims Act or as a dispute under the contract disputes clause (Contract Disputes Act) as applicable. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.
