Common use of Claims; Limitations Clause in Contracts

Claims; Limitations. Notice of claims by Lessee for any liability, loss, damage, or expense arising out of this Lease must be made to Lessor in writing within ninety-one (91) days after the same shall have accrued. Such claims, fully amplified, must be filed with Lessor within said ninety-one (91) days and unless so made and filed, Lessor shall be wholly released and discharged therefrom and shall not be liable therefor in any court of justice. No suit at law or in equity shall be maintained upon any claim unless instituted within two (2) years and one (1) day after the cause of action accrued. In no event shall Lessor be liable to Lessee for any prospective or speculative profits, or special, indirect, incidental, exemplary, punitive, or consequential damages, whether based uxxx xxxxxxxx, xxxx, xxxxxx liability, or negligence, or in any other manner arising out of this Lease, and Lessee hereby releases Lessor from any claim therefor.

Appears in 4 contracts

Samples: Duncan Energy Partners L.P., Duncan Energy Partners L.P., Duncan Energy Partners L.P.

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Claims; Limitations. Notice of claims by Lessee Joint Owner for any liability, loss, damage, or expense arising out of this Lease must be made to Lessor in writing within ninety-one (91) days after the same shall have accrued. Such claims, fully amplified, must be filed with Lessor within said ninety-one (91) days and unless so made and filed, Lessor shall be wholly released and discharged therefrom and shall (Form 1506-Multiple Product) not be liable therefor in any court of justice. No suit at law or in equity shall be maintained upon any claim unless instituted within two (2) years and one (1) day after the cause of action accrued. In no event shall Lessor be liable to Lessee Joint Owner for any prospective or speculative profits, or special, indirect, incidental, exemplary, punitive, or consequential damages, whether based uxxx xxxxxxxx, xxxx, xxxxxx liability, or negligence, or in any other manner arising out of this Lease, and Lessee Joint Owner hereby releases Lessor from any claim therefor.

Appears in 2 contracts

Samples: Duncan Energy Partners L.P., Duncan Energy Partners L.P.

Claims; Limitations. Notice of claims by Lessee for any liability, loss, damage, or expense arising out of this Lease must be made to Lessor in writing within ninety-one (91) days after the same shall have accrued. Such claims, fully amplified, must be filed with Lessor within said ninety-one (91) days and unless so made and filed, Lessor shall be wholly released and discharged therefrom and shall not be liable therefor in any court of justice. No suit at law or in equity shall be maintained upon any claim unless instituted within two (2) years and one (1) day after the cause of action accrued. In no event shall Lessor be liable to Lessee for any prospective or speculative profits, or special, indirect, incidental, exemplary, punitive, or consequential damages, whether based uxxx xxxxxxxx, xxxx, xxxxxx liability, or negligence, or in any other manner arising out of this Lease, and Lessee hereby releases Lessor from any claim therefor.. Storage Lease (Belvieu Environmental Fuels)

Appears in 2 contracts

Samples: Duncan Energy Partners L.P., Duncan Energy Partners L.P.

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Claims; Limitations. Notice of claims by Lessee for any liability, loss, damage, or expense arising out of this Lease must be made to Lessor in writing within ninety-one (91) days after the same shall have accrued. Such claims, fully amplified, must be filed with Lessor within said ninety-one (91) days and unless so made and filed, Lessor shall be wholly released and discharged therefrom and shall not be liable therefor in any court of justice. No suit at law or in equity shall be maintained upon any claim unless instituted within two (2) years and one (1) day after the cause of action accrued. In no event shall Lessor be liable to Lessee for any prospective or speculative profits, or special, indirect, incidental, exemplary, punitive, or consequential damages, whether based uxxx xxxxxxxx, xxxx, xxxxxx liability, or negligence, or in any other manner arising out of this Lease, and Lessee hereby releases Lessor from any claim therefor.. Storage Lease (Enterprise North Propane-Propylene Splitters)

Appears in 2 contracts

Samples: Duncan Energy Partners L.P., Duncan Energy Partners L.P.

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