Common use of Commencement of Proceedings Clause in Contracts

Commencement of Proceedings. Any claim notified pursuant to paragraph 4.2 of this Schedule 4 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) where the claim is a claim for breach of any Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 at a time when the amount set out in paragraph 1.1 of this Schedule 4 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to paragraph 4.2 of this Schedule 4 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to paragraph 4.2 of this Schedule 4 exceeding the amount set out in paragraph 1.1 of this Schedule 4 for the first time.

Commencement of Proceedings. Any claim notified pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 Clause 10.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) 11.3.1 where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) 11.3.2 where the claim is a claim for breach of any Seller’s Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 Clause 11.2 at a time when the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.1 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.1 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 exceeding the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.1 for the first time.

Commencement of Proceedings. Any claim notified pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 Clause 10.1 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) 11.3.1 where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) 11.3.2 where the claim is a claim for breach of any a Seller’s Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 Clause 10.1 at a time when the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.3.1 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that the Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.1 above of one or more claims which result(s) in the total amount claimed in all claims notified to that the Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 10.1 exceeding the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.3.1 for the first time.

Commencement of Proceedings. 4.1 Any claim notified pursuant to paragraph 4.2 of this Schedule 4 Claim other than a Contingent Claim shall (if it has not previously been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it such Claim have been commenced by being both issued and served the Buyers in accordance with 9 Clause 27 within 6 (six) months of it having become an actual liability; or (B) where notification to the claim is a claim for breach of any Warranty of which notice is given for the purposes of Sellers in accordance with paragraph 4.2 3 of this Schedule 4 at and such legal proceedings are being pursued with reasonable diligence. 4.2 If the circumstances giving rise to the Claim are such that the resulting loss suffered or which may be suffered is contingent (a “Contingent Claim”) then any such Contingent Claim will be deemed to be withdrawn on either: 4.2.1 the date falling 12 (twelve) months after the expiry of the relevant time when the amount set out limit applicable to such Contingent Claim as stipulated in paragraph 1.1 3 of this Schedule 4 has 4, if such loss is still contingent at that date provided that this paragraph 4.2.1 shall not been exceededapply to any Contingent Claim (including, in for the avoidance of doubt, any Tax Claim that is a Contingent Claim) which case it shall is contingent due to proceedings relating to such loss being pending before any competent Governmental Entity (including, for the avoidance of doubt, any Tax Authority); or 4.2.2 if such loss ceases to be deemed contingent (and the Contingent Claim thereby becomes an actual Claim), the date falling 6 (six) months from the date on which such loss ceased to have been withdrawn be contingent, unless legal proceedings in respect of it such Claim have been commenced by the Buyers in accordance with Clause 27 within such period and such legal proceedings are being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to paragraph 4.2 of this Schedule 4 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to paragraph 4.2 of this Schedule 4 exceeding the amount set out in paragraph 1.1 of this Schedule 4 for the first timepursued with reasonable diligence.

Commencement of Proceedings. Any claim notified pursuant to paragraph 4.2 of this Schedule 4 Clause 12.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 Clause 11.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) 12.3.1 where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) 12.3.2 where the claim is a claim for breach of any a Seller’s Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 Clause 11.2 at a time when the amount set out in paragraph 1.1 of this Schedule 4 Clause 11.4.2 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that the Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 12.1 of one or more claims which result(s) in the total amount claimed in all claims notified to that the Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 exceeding the amount set out in paragraph 1.1 of this Schedule 4 Clause 11.4.2 for the first time.

Commencement of Proceedings. Any claim notified pursuant to sub-paragraph 4.2 of this Schedule 4 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 4.1 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) i. where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with within 9 months of it having become an actual liability; or (B) ii. where the claim is a claim for breach of any Warranty of which notice is given for the purposes of sub-paragraph 4.2 of this Schedule 4 at a time when the amount set out in sub-paragraph 1.1 of this Schedule 4 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to sub-paragraph 4.2 of this Schedule 4 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to sub-paragraph 4.2 of this Schedule 4 exceeding the amount set out in sub-paragraph 1.1 of this Schedule 4 for the first time.

Commencement of Proceedings. Any claim notified pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 6 months after the relevant time limit set out in paragraph 2 of this Schedule 4 Clause 10.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) 11.3.1 where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 6 months of it having become an actual liability; or (B) 11.3.2 where the claim is a claim for breach of any a Seller’s Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 Clause 10.2 at a time when the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.2 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 6 months of the date of any subsequent notification to that the Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.1 of one or more claims which result(s) in the total amount claimed in all claims notified to that the Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 10.2 exceeding the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.2 for the first time.

Commencement of Proceedings. Any claim notified pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 Clause 10.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) 11.3.1 where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) 11.3.2 where the claim is a claim for breach of any Seller’s Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 Clause 11.2 at a time when the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.1 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.1 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 exceeding the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.1 for the first time.. 109

Commencement of Proceedings. Any claim notified pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 Clause 10.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) 10.3.1 where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) 10.3.2 where the claim is a claim for breach of any Seller’s Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 Clause 11.2 at a time when the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.1 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.1 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 exceeding the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.1 for the first time.

Commencement of Proceedings. Any claim notified pursuant to paragraph 4.2 of this Schedule 4 Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 Clause 10.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) 11.3.1 where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) 11.3.2 where the claim is a claim for breach of any a Seller’s Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 Clause 10.2 at a time when the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.2 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that the Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 11.1 of one or more claims which result(s) in the total amount claimed in all claims notified to that the Seller pursuant to paragraph 4.2 of this Schedule 4 Clause 10.2 exceeding the amount set out in paragraph 1.1 of this Schedule 4 Clause 10.4.2 for the first time.

Commencement of Proceedings. Any claim notified pursuant to sub-paragraph 4.2 of this Schedule 4 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 4.1 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with within 9 months of it having become an actual liability; or (B) where the claim is a claim for breach of any Warranty of which notice is given for the purposes of sub-paragraph 4.2 of this Schedule 4 at a time when the amount set out in sub-paragraph 1.1 of this Schedule 4 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to sub-paragraph 4.2 of this Schedule 4 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to sub-paragraph 4.2 of this Schedule 4 exceeding the amount set out in sub-paragraph 1.1 of this Schedule 4 for the first time.