Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in Clause 10.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been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:
Appears in 6 contracts
Samples: Contribution Agreement, Contribution Agreement (Glaxosmithkline PLC), Share and Business Sale Agreement (Glaxosmithkline PLC)
Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in Clause 10.2 10.1 unless, at the relevant time, legal proceedings in respect of the relevant claim have been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:
Appears in 3 contracts
Samples: Sale and Purchase Agreement (Glaxosmithkline PLC), Sale and Purchase Agreement (Novartis Ag), Sale and Purchase Agreement (Novartis Ag)
Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 12.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in Clause 10.2 11.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been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:
Appears in 2 contracts
Samples: Share and Business Sale Agreement (Glaxosmithkline PLC), Share and Business Sale Agreement (Novartis Ag)
Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 9.1 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 six (6) months after the relevant time limit set out in notice is given to the Sellers pursuant to Clause 10.2 unless, at the relevant time, 9.1 unless legal proceedings in respect of the relevant claim it (i) have been commenced by being both issued and served except:and (ii) are being and continue to be pursued with reasonable diligence.
Appears in 1 contract
Samples: Standard Management Corp
Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 11.1 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 six months after the relevant time limit set out notice is given pursuant to Clause 11.1 or in Clause 10.2 unlessthe case of any contingent liability, at the relevant time, six months after such contingent liability becomes an actual liability and is due and payable unless legal proceedings in respect of the relevant claim it have been commenced by being both issued and served except:commenced.
Appears in 1 contract
Samples: Share Purchase Agreement (Intercontinental Hotels Group PLC /New/)
Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 nine months after the relevant notice is given pursuant to Clause 11.2, unless at such time limit set out in 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:served, provided that in the case of any contingent liability, if such contingent liability has not become an actual liability within 18 months after the end of the relevant claim period referred to in Clause 10.1, then such claim shall be deemed to be irrevocably withdrawn at the end of such 18 month period.
Appears in 1 contract
Samples: Share and Business Sale Agreement (Spirent Communications PLC)
Commencement of Proceedings. Any claim Claim notified pursuant to Clause 11.2 12.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 nine months after the relevant time limit set out in notice is given pursuant to Clause 10.2 unless12.2, unless at the relevant time, time legal proceedings in respect of the relevant claim Claim have been commenced by being both issued and served except:served.
Appears in 1 contract
Samples: Share Sale Agreement
Commencement of Proceedings. Any claim notified pursuant to 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 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:
Appears in 1 contract
Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 12 months after the relevant time limit set out notice is given pursuant to Clause 11.2 or, in Clause 10.2 unlessthe case of any contingent liability, 12 months after such contingent liability becomes an actual liability and is due and payable, unless at the relevant time, time legal proceedings in respect of the relevant claim have been commenced by being both issued and served except:served.
Appears in 1 contract
Samples: Share Purchase Agreement (PPL Corp)
Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 10.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 twelve months after the relevant time limit set out in notice is given pursuant to Clause 10.2 unless, at the relevant time, unless legal proceedings in respect of the relevant claim it have been commenced by being both validly issued and served except:served.
Appears in 1 contract
Samples: International Share Sale Agreement (Cooper Companies Inc)
Commencement of Proceedings. Any claim Claim notified pursuant to Clause 11.2 paragraph 1 above shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 nine (9) months after the relevant time limit set out in Clause 10.2 unless, notice is given pursuant to paragraph 1 above unless at the relevant time, time legal proceedings in respect of the relevant claim Claim have been commenced by being both issued and served except:commenced.
Appears in 1 contract
Samples: Share Sale and Purchase Agreement (Callaway Golf Co)
Commencement of Proceedings. Any claim notified pursuant to Clause 11.2 12.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 twelve months after the relevant time limit set out in notice is given pursuant to Clause 10.2 unless, 12.2 unless at the relevant time, time legal proceedings in respect of the relevant claim have been commenced by being both issued and served except:served.
Appears in 1 contract
Samples: Subscription Agreement (MPT Operating Partnership, L.P.)
Commencement of Proceedings. Any claim Claim notified pursuant to Clause 11.2 10.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 six months after the relevant time limit set out in notice is given pursuant to Clause 10.2 unless, unless at the relevant time, time legal proceedings in respect of the relevant claim Claim have been commenced by being both issued and served exceptserved, provided that:
Appears in 1 contract
Commencement of Proceedings. Any claim Claim notified pursuant to Clause 11.2 12.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 12 months after the relevant time limit set out in notice is given pursuant to Clause 10.2 unless12.2, unless at the relevant time, time legal proceedings in respect of the relevant claim Claim have been commenced by being both issued and served exceptserved, provided that:
Appears in 1 contract
Commencement of Proceedings. Any claim Claim notified pursuant to Clause 11.2 clause 8.1 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 (nine) months after the relevant time limit set out in Clause 10.2 unless, at the relevant time, notice is given pursuant to clause 8.1 unless legal proceedings in respect of the relevant claim it have been commenced by being both issued and served except:served.
Appears in 1 contract
Samples: Sale and Purchase Agreement (Affinia Group Intermediate Holdings Inc.)