Claims Periods. It is understood that once a Claim Notice has been timely given, the claims and rights to indemnification relating thereto that are the subject of such Claim Notice shall survive until such Claim is finally resolved. A Claim Notice shall be timely given if it is submitted within an applicable survival period; provided, however, that (i) within the ten (10) days following the end of an applicable survival period, an Indemnified Party may submit a Claim Notice related to its receipt, no more than ten (10) days prior to the end of such applicable survival period, of written notice of commencement of any third-party litigation or third-party claim against it, and (ii) in the thirty (30) days immediately following the conclusion of an applicable survival period, an Indemnified Party may amend for the purpose of providing greater detail any Claim Notice that came to its attention and that it submitted in the sixty (60) days immediately preceding the conclusion of such applicable survival period.
Claims Periods. 1. If, under any Agreement prior to the 1990 Agreement, a loan-out company, as defined therein, has failed to make the applicable pension and health contributions on behalf of the loaned-out Employee, Company shall not be liable for such contributions if the loan-out company failed to pay such contributions more than six (6) years prior to the date of commencement of the audit that gives rise to the claim (whether or not it is of the loan-out company's records or the borrowing Company's records). The date of commencement of the audit shall be deemed to be the date of actual audit entry, but in no event later than ninety (90) days after the date of the Plans' notice of intent to audit. In the event that the Plan(s) conclude, based on an audit of the loan-out company's records, that there exists a claim for unpaid contributions, the Plan(s) or the Guild must give the borrowing Company written notification of -139- Article 12, Section E. any such claim for unpaid contributions at the time that the loan-out company is notified of such claim. In no event will the borrowing Company be liable for any such unpaid contributions which were due from the loan-out company more than six (6) years prior to the date that the borrowing Company was notified of the loan-out company's failure to make the contribution.
2. Other claims against Company for pension and health contributions must be brought within four (4) years from the date such contributions were due to the Health and Pension Plans.
3. In the event that the auditors find a consistent pattern of delinquencies with respect to a particular Employee or loan-out company employed on a particular project, then the six (6) year or four (4) year periods referred to in subparagraphs 1. and 2. above shall be extended to allow for the assertion of additional claims with respect to the employment of such Employee or loan-out company on such project.
4. Any claim for contributions not brought within the six (6) year or four
Claims Periods. 1. If, under any Agreement prior to the 1990 Agreement, a loan-out company, as defined therein, has failed to make the applicable pension and health and welfare contributions on behalf of the loaned-out Employee, Company shall not be liable for such contributions if the loan-out company failed to pay such contributions more than six (6) years prior to the date of commencement of the audit that gives rise to the claim (whether or not it is of the loan-out company's records or the borrowing Company's records).
Claims Periods. There will be two claims periods: the Initial Claims Period and the Extended Claims Period.
8.1.1 The Initial Claims Period will run for 6 months after the Order Permitting Issuance of Notice of Class Action Settlement.
8.1.2 The Extended Claims Period will run for 4 years after the conclusion of the Initial Claims Period. During the Extended Claims Period, Settlement Class Members can seek reimbursement for valid Out-of-Pocket Losses (excluding losses of money and time associated with Preventative Measures) incurred during the Extended Claims Period only if the Settlement Class Member provides a certification that he or she has not obtained reimbursement for the claimed expense through other means.
Claims Periods. The “Claims Period” shall be any time from the Closing until the earlier of (1) 5:00 PM New York City time on the Business Day 12 months after the Closing (or the following Business Day if such day is not a Business Day), or (2) when the Escrow Property has been exhausted.
Claims Periods. (a) Except as otherwise provided in this Section 10.3, the period (the “Claims Period”) during which claims for indemnification may be made by the Indemnified Persons pursuant to this Article X shall be as follows:
(i) the Claims Period for Indemnifiable Damages arising out of, resulting from or in connection with the matters listed in Section 10.1(a)(i), 10.1(a)(ii) or 10.1(a)(iii) shall commence after the Closing Date and terminate at 11:59 p.m. Eastern time on the Base Survival Date; provided, that the Claims Period for Indemnifiable Damages arising out of, resulting from or in connection with the matters listed in in Section 10.1(a)(i), 10.1(a)(ii) or 10.1(a)(iii) with respect to any of the Company Special Representations shall commence after the Closing Date and terminate at 11:59 p.m. Eastern time on the third anniversary of the Closing Date; and
(ii) the Claims Period for Indemnifiable Damages arising out of, resulting from or in connection with any of the Special Claims shall commence after the Closing Date and terminate at 11:59 p.m. Eastern time on the third anniversary of the Closing Date.
(b) Notwithstanding anything to the contrary herein, the time limitations set forth in this Section 10.3 shall not apply to any claim for Indemnifiable Damages arising out of, or resulting from, or in connection with fraud.
