Common use of Final Date for Assertion of Indemnity Claims Clause in Contracts

Final Date for Assertion of Indemnity Claims. All claims by an Indemnified Party for indemnification pursuant to this ARTICLE IX resulting from breaches of representations or warranties in ARTICLE III shall be forever barred unless the other party is notified within twenty-four (24) months after the date such representation or warranty was made; provided that, notwithstanding the foregoing, the representations and warranties in Section 3.11(a)(viii), Section 3.11(b), Section 3.11(c)(x), or Section 3.11(c)(xi) shall survive until six (6) months following the expiration of the applicable statute of limitations (taking into account any waivers or extensions thereof); provided, further, that if written notice of a claim for indemnification has been given by an Indemnified Party on or prior to the last day of the respective foregoing period, then the obligation of the other party to indemnify such Indemnified Party pursuant to this ARTICLE IX shall survive with respect to such claim until such claim is finally resolved.

Final Date for Assertion of Indemnity Claims. All claims by an Indemnified Party for indemnification pursuant to this ARTICLE IX resulting from breaches of representations or warranties in ARTICLE III shall be forever barred unless the other party is notified within twenty-four (24) months after the date such representation or warranty was made; provided that, notwithstanding the foregoing, the *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. representations and warranties in Section 3.11(a)(viii), Section 3.11(b), Section 3.11(c)(x), or Section 3.11(c)(xi) shall survive until six (6) months following the expiration of the applicable statute of limitations (taking into account any waivers or extensions thereof); provided, further, that if written notice of a claim for indemnification has been given by an Indemnified Party on or prior to the last day of the respective foregoing period, then the obligation of the other party to indemnify such Indemnified Party pursuant to this ARTICLE IX shall survive with respect to such claim until such claim is finally resolved.

Final Date for Assertion of Indemnity Claims. All claims by an Indemnified Party for indemnification pursuant to this ARTICLE IX Article 7 resulting from breaches of representations or warranties in ARTICLE III Section 3.1 and Section 3.2 shall be forever barred unless the other party is notified within twenty-four eighteen (2418) months after the date such representation or warranty was madefinal Subsequent Funding Date; provided thatprovided, that notwithstanding the foregoing, the representations and warranties in Section 3.11(a)(viii3.1(g), and Section 3.11(b), Section 3.11(c)(x), or Section 3.11(c)(xi3.1(k) shall survive until six that date which is sixty (660) months following the expiration of days after the applicable statute of limitations (taking into account any waivers or extensions thereofexpires and the representations in Section 3.1(a), Section 3.1(b), Section 3.1(e) and Section 3.1(f) shall survive indefinitely; provided, further, and provided further that if written notice of a claim for indemnification has been given by an Indemnified Party on or prior to the last day of the respective foregoing period, then the obligation of the other party to indemnify such Indemnified Party pursuant to this ARTICLE IX Article 7 shall survive with respect to such claim until such claim is finally resolved.

Final Date for Assertion of Indemnity Claims. All claims by an Indemnified Party for indemnification pursuant to this ARTICLE IX Article 7 resulting from breaches of representations or warranties in ARTICLE III Section 3.1, Section 3.2, Section 3.4 and Section 3.5 shall be forever barred unless the other party is notified within twenty-four eighteen (2418) months after the date such representation or warranty was madeapplicable Subsequent Funding Date; provided thatprovided, that notwithstanding the foregoing, the representations and warranties in Section 3.11(a)(viii3.1(g), and Section 3.11(b), Section 3.11(c)(x), or Section 3.11(c)(xi3.1(k) shall survive until six that date which is sixty (660) months following the expiration of days after the applicable statute of limitations (taking into account any waivers or extensions thereofexpires and the representations in Section 3.1(a), Section 3.1(b), Section 3.1(e) and Section 3.1(f) shall survive indefinitely; provided, further, and provided further that if written notice of a claim for indemnification has been given by an Indemnified Party on or prior to the last day of the respective foregoing period, then the obligation of the other party to indemnify such Indemnified Party pursuant to this ARTICLE IX Article 7 shall survive with respect to such claim until such claim is finally resolved.