Limitation on Actions. No action against either party, regardless of form, arising out of or incidental to the matters contemplated by this Agreement, may be brought by the other party more than four (4) years after the event giving rise to such cause of action occurred and is known or upon the exercise of reasonable diligence should have been known to the injured party.
Appears in 8 contracts
Samples: Program Agreement (Alliance Data Systems Corp), Program Agreement (Alliance Data Systems Corp), Program Agreement (Alliance Data Systems Corp)
Limitation on Actions. No action against either partyaction, regardless of form, arising out of or incidental relating to the matters contemplated by this Agreement, may be brought by the other party either Party more than four two (42) years after the event giving rise to such cause of action occurred and is known has accrued. A cause of action shall be considered to have accrued when the injured Party discovers, or upon in the exercise of reasonable due diligence should have been known to the injured partydiscovered, a default or breach of this Agreement.
Appears in 2 contracts
Samples: Sales and Purchase Agreement (Hybrid Networks Inc), Sales and Purchase Agreement (Hybrid Networks Inc)
Limitation on Actions. No action against either party, regardless of form, arising out of or incidental to the matters contemplated by this Agreement, may be brought by the other party more than four (4) years after the event giving rise to such cause of action occurred and is known or upon the exercise of reasonable diligence should have been known to the injured party. For the avoidance of doubt, this Section shall not apply to or limit any third party claims.
Appears in 2 contracts
Samples: Program Agreement (Bread Financial Holdings, Inc.), Private Label Credit Card Program Agreement (Alliance Data Systems Corp)
Limitation on Actions. No action against either party, regardless --------------------- of form, arising out of or incidental to the matters contemplated by this Agreement, may be brought by the other party more than four (4) years one year after the event giving rise to such cause of action occurred and is known or upon the exercise of reasonable diligence should have been known to the injured party.
Appears in 1 contract
Samples: Credit Card Processing Agreement (Charming Shoppes Inc)
Limitation on Actions. No action against either partyParty, regardless of form, arising out of or incidental to the matters contemplated by this Agreement, may be brought by the other party Party more than four (4) years after the event giving rise to such cause of action occurred and is known or upon the exercise of reasonable diligence should have been known to the injured partyParty.
Appears in 1 contract
Samples: Private Label Credit Card Program Agreement (New York & Company, Inc.)
