Common use of Claims Period Clause in Contracts

Claims Period. Any claim for indemnification under this Section 11 ------------- shall be made by giving a Claim Notice under Section 11.3 on or before the applicable "Expiration Date" specified below in this Section 11.4, or the claim under this Section 11 shall be invalid. The following claims shall have the following respective "Expiration Dates": (a) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for the year ending December 31, 2000 --any claims that are not specified in any of the succeeding clauses; (b) the date on which the applicable statute of limitations expires--any claim for Damages related to (i) a breach of any representations or warranties of a Party to this Agreement that were made with an intent to mislead or defraud or with a reckless disregard of the accuracy thereof, or (ii) any claim with respect to Taxes; and (c) in perpetuity -- any Unassumed Liability. If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claim. So long as an Indemnified Party gives a Claim Notice for an Unliquidated Claim on or before the applicable Expiration Date, such Indemnified Party shall be entitled to pursue its rights to indemnification with respect to any claim detailed in such Claim Notice regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice.

Claims Period. Any claim for indemnification under this Section 11 10 ------------- shall be made by giving a Claim Notice under Section 11.3 10.5 on or before the applicable "Expiration Date" specified below in this Section 11.410.8, if any, or --------------- the claim under this Section 11 10 shall be invalid. The following claims shall have the following respective "Expiration Dates": (ai) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for the year ending December 31June 30, 2000 --any 2000, with ---------------- respect to any claims that are not specified in any of the succeeding clausesclause (ii); or (bii) the date on which the applicable statute of limitations expires--expires with respect to any claim for Damages Losses related to a (ix) breach of any covenant or agreement or (y) a breach of warranty or misrepresentation under Sections 5.1.1, 5.1.2, 5.2.1, 5.2.2, 5.3.1, 5.3.2 and 5.3.11. Notwithstanding the foregoing or any representations or warranties other provision of a Party to this Agreement that were made to the contrary, there shall be no Expiration Date with respect to (A) any claim by an intent Indemnified OpCo Party for Losses related to mislead or defraud or with a reckless disregard of the accuracy thereofany BAM Retained Liability, or (iiB) any claim with respect by an Indemnified BAM Party for Losses related to Taxes; and (c) in perpetuity -- any Unassumed Liability. If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claimBAM Assumed Liability . So long as an Indemnified Party gives a Claim Notice for an Unliquidated Claim on or before the applicable Expiration Date, if any, such Indemnified Party shall be entitled to pursue its rights to indemnification with respect to any claim detailed in such Claim Notice regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice.

Claims Period. Any claim for indemnification under this Section 11 ------------- 10 shall be made by giving a Claim Notice under Section 11.3 10.3 on or before the applicable "Expiration Date" specified below in this Section 11.410.4, or the claim under this Section 11 10 shall be invalid. The following claims shall have the following respective "Expiration Dates": (a) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for the year ending December March 31, 2000 --any 1999--any claims that are not specified in any of the succeeding clauses; (b) the date on which the applicable statute of limitations expires--any claim for Damages claims related to (i) a breach of any covenant or agreement to be performed at least in part after the Closing Date, (ii) a breach of any representation or warranty of a party to this Agreement that relates to taxes, or (iii) a breach of any representations or warranties of a Party party to this Agreement that were untrue when made with an intent to mislead or defraud or with a reckless disregard of the accuracy thereof, or (ii) any claim with respect to Taxesdefraud; and (c) two years from the date hereof---any claims relating to (i) an Environmental Condition or (ii) the matters addressed in perpetuity -- any Unassumed LiabilitySection 4.6 and Section 4.7. If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claim. So long as an Indemnified Party gives a Claim Notice for an Unliquidated Claim in good faith for a legitimate claim on or before the applicable Expiration Date, such Indemnified Party shall be entitled to pursue its rights to indemnification with respect to any claim detailed in such Claim Notice regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice.

Claims Period. Any claim for indemnification under this Section 11 ------------- 10 shall be made by giving a Claim Notice under Section 11.3 10.5 on or before the applicable "Expiration Date" specified below in this Section 11.410.8, if any, or the claim under this Section 11 10 shall be invalid. The following claims shall have the following respective "Expiration Dates": (ai) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for the year ending December 31June 30, 2000 --any 2000, with respect to any claims that are not specified in any of the succeeding clausesclause (ii); or (bii) the date on which the applicable statute of limitations expires--expires with respect to any claim for Damages Losses related to a (ix) breach of any covenant or agreement or (y) a breach of warranty or misrepresentation under Sections 5.1.1, 5.1.2, 5.2.1, 5.2.2, 5.3.1, 5.3.2 and 5.3.11. Notwithstanding the foregoing or any representations or warranties other provision of a Party to this Agreement that were made to the contrary, there shall be no Expiration Date with respect to (A) any claim by an intent Indemnified OpCo Party for Losses related to mislead or defraud or with a reckless disregard of the accuracy thereofany BAM Retained Liability, or (iiB) any claim with respect by an Indemnified BAM Party for Losses related to Taxes; and (c) in perpetuity -- any Unassumed Liability. If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claimBAM Assumed Liability . So long as an Indemnified Party gives a Claim Notice for an Unliquidated Claim on or before the applicable Expiration Date, if any, such Indemnified Party shall be entitled to pursue its rights to indemnification with respect to any claim detailed in such Claim Notice regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice.

Claims Period. Any claim for indemnification under this Section 11 ------------- Article IX shall be made by giving a Claim Notice under Section 11.3 9.4 on or before the applicable "“Expiration Date" ” specified below in this Section 11.49.7, if any, or the claim under this Section 11 9 shall be invalid. The following claims shall have the following respective "“Expiration Dates"”: (ai) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for second anniversary of the year ending December 31Stage I Closing, 2000 --any with respect to any claims that are not specified in any of the succeeding clausesclause (ii); or (bii) thirty days after the date on which the applicable statute of limitations expires--expires with respect to any claim for Damages Losses related to (i) a breach of warranty or misrepresentation under Sections 4.1.12, 4.1.13, 4.1.14, 4.2.12, 4.2.13 and 4.2.14. Notwithstanding the foregoing or any representations or warranties other provision of a Party to this Agreement that were made to the contrary, there shall be no Expiration Date with respect to (A) any claim by an intent Indemnified Partnership Party for Losses related to mislead any Xxxx Atlantic Indemnified Litigation or defraud or with a reckless disregard of the accuracy thereofVodafone Indemnified Litigation, (B) any claim by an Indemnified Xxxx Atlantic Party for Losses related to any Xxxx Atlantic Assumed Liability, or (iiC) any claim with respect by an Indemnified Vodafone Party for Losses related to Taxes; and (c) in perpetuity -- any Unassumed Vodafone Assumed Liability. If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claim. So long as an Indemnified Party gives a Claim Notice (including a Claim Notice for an Unliquidated Claim Claim) on or before the applicable Expiration Date, if any, such Indemnified Party shall be entitled to pursue its rights to indemnification (in the case of a Claim Notice with respect to any claim detailed in such Claim Notice an Unliquidated Claim, regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice).

Claims Period. Any claim for indemnification under this Section 11 9 ------------- shall be made by giving a Claim Notice under Section 11.3 9.4 on or before the applicable "Expiration Date" specified below in this Section 11.4, or the claim under this Section 11 shall be invalid9.5. The following claims shall have the following respective "Expiration Dates": (a) the date on which VERT timely files or should have filed its Annual Report on Form 10-K April 30, 2001 for the year ending December 31, 2000 --any any claims that are not specified in any of the succeeding clauses; (b) the date on which the applicable statute of limitations expires--expires for any claim for Damages Losses related to (i) a breach of any covenant or agreement to be performed after the Closing Date, (ii) a breach of any representations or warranties of a Party party to this Agreement that were made with an intent to mislead or defraud or with a reckless disregard of the accuracy thereof, thereof or (iiiii) any claim with respect to Taxesa breach of the representation and warranty contained in Sections 5.1(a), 5.3 or 5.17; and (c) in perpetuity -- for any Unassumed Liabilityclaim for Losses related to or arising under Sections 9.1(c), 9.1(d) or 9.1(e); or (d) the fifth anniversary of the Closing Date for a breach of the representation and warranty contained in Section 5.19. If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claim. So long as an Indemnified Party gives a Claim Notice for an Unliquidated Claim on or before the applicable Expiration Date, such Indemnified Party shall be entitled to pursue its rights to indemnification with respect to any claim detailed in such Claim Notice regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice.

Claims Period. Any claim for indemnification under this Section 11 ------------- 10 shall be made by giving a Claim Notice under Section 11.3 10.5 on or before the applicable "Expiration Date" specified below in this Section 11.410.8, if any, or the claim under this Section 11 Article 10 shall be invalid. The following claims shall have the following respective "Expiration Dates": (ai) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for the year ending December 31June 30, 2000 --any 2001, with respect to any claims that are not specified in any of the succeeding clausesclause (ii); or (bii) the date on which the applicable statute of limitations expires--expires with respect to any claim for Damages Losses related to a (ix) breach of any covenant or (y) a breach of warranty or misrepresentation under Sections 5.1.1, 5.1.2, 5.1A.1, 5.1A.2, 5.2.1, 5.2.2, 5.3.1, 5.3.2 and 5.3.11. Notwithstanding the foregoing or any representations or warranties other provision of a Party to this Agreement that were made to the contrary, there shall be no Expiration Date with respect to (A) any claim by an intent Indemnified OpCo Party for Losses related to mislead or defraud or with a reckless disregard of the accuracy thereofany Xxxxxxxx Retained Liability, or (iiB) any claim with respect by an Indemnified Xxxxxxxx Party for Losses related to Taxes; and (c) in perpetuity -- any Unassumed Xxxxxxxx Assumed Liability. If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claim. So long as an Indemnified Party gives a Claim Notice for an Unliquidated Claim on or before the applicable Expiration Date, if any, such Indemnified Party shall be entitled to pursue its rights to indemnification with respect to any claim detailed in such Claim Notice regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice.

Claims Period. Any claim for indemnification under this Section 11 ------------- 7 shall be made by giving a Claim Notice under Section 11.3 7.3 on or before the applicable "“Expiration Date" ” specified below in this Section 11.47.4, or the claim under this Section 11 7 shall be invalid. The following claims shall have the following respective "“Expiration Dates"”: (a) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for 18 month anniversary of the year ending December 31, 2000 --any Closing Date — any claims that are not specified in any of the succeeding clauses; and (b) 60 days after the date on which the applicable statute of limitations expires--—any claim for Damages related to (i) a breach of any covenant or agreement, or (ii) a breach of any representations or warranties of a Party to this Agreement that were made with an intent to mislead or defraud or with a reckless disregard of the accuracy thereof, or (iiiii) any claim with respect to a breach or inaccuracy of a representation or warranty set forth in Sections 4.2 (“Capitalization and Ownership”), 4.3 (“Authority and Binding Effect”), 4.4 (“Validity of the Transactions”), or 4.6 (“Taxes; and (c) in perpetuity -- any Unassumed Liability”). If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claim. So long as an Indemnified Party gives a Claim Notice for an Unliquidated Claim on or before the applicable Expiration Date, such Indemnified Party shall be entitled to pursue its rights to indemnification with respect to any claim detailed in such Claim Notice regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice.

Claims Period. Any claim for indemnification under this Section 11 Article IX ------------- shall be made by giving a Claim Notice under Section 11.3 9.4 on or before the applicable "Expiration Date" specified below in this Section 11.49.7, if any, or the --------------- claim under this Section 11 9 shall be invalid. The following claims shall have the following respective "Expiration Dates": (ai) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for second anniversary of the year ending December 31---------------- Stage I Closing, 2000 --any with respect to any claims that are not specified in any of the succeeding clausesclause (ii); or (bii) thirty days after the date on which the applicable statute of limitations expires--expires with respect to any claim for Damages Losses related to (i) a breach of warranty or misrepresentation under Sections 4.1.12, 4.1.13, 4.1.14, 4.2.12, 4.2.13 and 4.2.14. Notwithstanding the foregoing or any representations or warranties other provision of a Party to this Agreement that were made to the contrary, there shall be no Expiration Date with respect to (A) any claim by an intent Indemnified Partnership Party for Losses related to mislead any Xxxx Atlantic Indemnified Litigation or defraud or with a reckless disregard of the accuracy thereofVodafone Indemnified Litigation, (B) any claim by an Indemnified Xxxx Atlantic Party for Losses related to any Xxxx Atlantic Assumed Liability, or (iiC) any claim with respect by an Indemnified Vodafone Party for Losses related to Taxes; and (c) in perpetuity -- any Unassumed Vodafone Assumed Liability. If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claim. So long as an Indemnified Party gives a Claim Notice (including a Claim Notice for an Unliquidated Claim Claim) on or before the applicable Expiration Date, if any, such Indemnified Party shall be entitled to pursue its rights to indemnification (in the case of a Claim Notice with respect to any claim detailed in such Claim Notice an Unliquidated Claim, regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice).

Claims Period. Any claim for indemnification under this Section 11 ------------- shall be made by giving a Claim Notice under Section 11.3 on or before the applicable "Expiration Date" specified below in this Section 11.4, or the claim under this Section 11 shall be invalid. The following claims shall have the following respective "Expiration Dates": (a) the date on which VERT timely files or should have filed its Annual Report on Form 10-K for second anniversary of the year ending December 31, 2000 --any Closing Date--any claims that are not specified in any of the succeeding clauses; and (b) the date on which the applicable statute of limitations expires--any claim for Damages claims related to (i) a breach of any covenant or agreement to be performed at least in part after the Closing Date, (ii) a breach of any representations or warranties of a Party party to this Agreement that were untrue when made with an intent to mislead or defraud or with a reckless disregard of the accuracy thereofdefraud, (iii) Section 11.1(c) or (iiiv) any claim with respect to Taxes; and (c) in perpetuity -- any Unassumed LiabilitySection 11.1(d). If more than one of such Expiration Dates applies to a particular claim, the latest of such Expiration Dates shall be the controlling Expiration Date for such claim. So long as an Indemnified Party in good faith gives a Claim Notice for an Unliquidated Claim on or before the applicable Expiration Date, such Indemnified Party shall be entitled to pursue its rights to indemnification with respect to any claim detailed in such Claim Notice regardless of the date on which such Indemnified Party gives the related Liquidated Claim Notice.