Common use of Limitation, Exclusivity Clause in Contracts

Limitation, Exclusivity. No Claim shall be made or have any validity unless the Indemnified Party shall have given written notice of such Claim to the Indemnifying Party. If full recovery under any such Claim is not had within [****]* of such written notice, arbitration, pursuant to Section 14.4, must be commenced within thirty (30) days following the end of such [****]* or such Claim shall be invalidated. This Article 13 provides the exclusive means by which a party may assert Claims against the other party and Section 14.4 provides the exclusive means by which a party may bring actions against the other party with respect to any breach by the other party of its indemnification obligations under this Article 13.

Appears in 4 contracts

Samples: Asset Purchase Agreement (PDL Biopharma, Inc.), Asset Purchase Agreement (Biotech Spinco, Inc.), Asset Purchase Agreement (PDL Biopharma, Inc.)

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Limitation, Exclusivity. No Claim shall be made or have any validity unless the Indemnified Party shall have given written notice of such Claim to the Indemnifying Party. If full recovery under any such Claim is not had within [****]* of such written notice, arbitration, pursuant to Section 14.413.2, must be commenced within thirty (30) days following the end of such [****]* period or such Claim shall be invalidated. This Article 13 12 provides the exclusive means by which a party may assert Claims against the other party party, other than Claims based on fraud or willful misconduct, and Section 14.4 13.2 provides the exclusive means by which a party may bring actions against the other party with respect to any breach by the other party of its indemnification obligations under this Article 13Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (PDL Biopharma, Inc.), Asset Purchase Agreement (PDL Biopharma, Inc.)

Limitation, Exclusivity. No Claim shall be made or have any validity unless the Indemnified Party shall have given written notice of such Claim to the Indemnifying Party. If full recovery under any such Claim is not had within [****]* three (3) months of such written notice, arbitration, pursuant to Section 14.4, must be commenced within thirty (30) days following the end of such [****]* three-month period or such Claim shall be invalidated. This Article 13 provides the exclusive means by which a party may assert Claims against the other party and Section 14.4 provides the exclusive means by which a party may bring actions against the other party with respect to any breach by the other party of its indemnification obligations under this Article 13.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (PDL Biopharma, Inc.)

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Limitation, Exclusivity. No Claim shall be made or have any validity unless the Indemnified Party shall have given written notice of such Claim to the Indemnifying Party, subject to the time limits of Section 13.10. If full recovery under any such Claim is not had within [****]* three months of such written notice, arbitration, pursuant to Section 14.4, arbitration must be commenced within thirty (30) 30 days following the end of such [****]* three-month period or such Claim shall be invalidated. This Article 13 provides the exclusive means by which a party Party may assert Claims against the other party and Section 14.4 Article 14 provides the exclusive means by which a party Party may bring actions against the other party Party with respect to any breach by the other party of its indemnification obligations under this Article 13.

Appears in 1 contract

Samples: Asset Purchase Agreement (Protein Design Labs Inc/De)

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