CONTINGENT AND UNQUANTIFIABLE LIABILITIES. No liability shall attach to any of the Warrantors in respect of any claim to the extent that the claim is based upon a liability which is contingent only or is otherwise not capable of being quantified unless and until such liability ceases to be contingent and becomes an actual liability or becomes capable of being quantified, as the case may be, provided that this paragraph shall not operate to avoid a claim made in respect of a contingent or unquantifiable liability within the applicable time limits specified in paragraph 3 of this schedule if the notice of such claim has been served before the expiry of the relevant period (even if such liability does not become an actual or quantifiable liability, as the case may be, until after the expiry of such period).
CONTINGENT AND UNQUANTIFIABLE LIABILITIES. No liability shall attach to the Vendor in respect of any Claim to the extent that the Claim is based upon a liability which is contingent only or is otherwise not capable of being quantified unless and until such liability ceases to be contingent and becomes an actual liability or becomes capable of being quantified, as the case may be.
CONTINGENT AND UNQUANTIFIABLE LIABILITIES. 8.1 If any Relevant Claim is made within the time limits referred to in paragraph 2 of Schedule 4 in respect of a liability which, at the time such claim is notified to the Seller, is contingent or is unquantifiable, then the Seller shall not be under any obligation to make any payment in respect of such Relevant Claim to the extent (but only to the extent) that such liability is contingent or unquantifiable unless and until such liability ceases to be contingent or unquantifiable. Sub-paragraph 2.2 of Schedule 4 shall be amended in relation to such Relevant Claim so as to require legal proceedings to be commenced within 12 months of the date on which such liability ceases to be contingent or becomes capable of being quantified, as the case may be.
CONTINGENT AND UNQUANTIFIABLE LIABILITIES. 8.1 The Buyer shall be entitled to make a Claim and/or a Tax Covenant Claim in respect of a liability that is contingent or is not capable of being quantified if notice is given in respect of such claim before the expiry of the relevant period provided in paragraph 4.1 provided that the Sellers shall have no liability under such Claim and/or a Tax Covenant Claim in respect of such contingent or unquantifiable liability unless and until it ceases to be contingent and becomes capable of being quantified, and provided in either case this occurs within 6 months of the date on which notice is given. For the avoidance of doubt, the fact that the relevant liability may not have become an actual liability and capable of being quantified by the expiry of the relevant period provided in paragraph 4.1 shall not exonerate the Sellers in respect of any Claim and/or Tax Covenant Claim properly notified before that date.
