Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth (5th) anniversary of the Closing. (b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor and the Indemnified Party or by arbitration or court proceeding.
Appears in 28 contracts
Samples: Contribution Agreement (Armada Hoffler Properties, Inc.), Contribution Agreement (Armada Hoffler Properties, Inc.), Contribution Agreement (Armada Hoffler Properties, Inc.)
Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth (5th) anniversary of the Closing.
(b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor and the Indemnified Party or by arbitration or court proceeding.
Appears in 25 contracts
Samples: Contribution Agreement (Postal Realty Trust, Inc.), Contribution Agreement (Postal Realty Trust, Inc.), Contribution Agreement (Postal Realty Trust, Inc.)
Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth (5th) anniversary of the Closing.
(b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor the Seller and the Indemnified Party or by arbitration or court proceeding.
Appears in 12 contracts
Samples: Purchase and Sale Agreement (Postal Realty Trust, Inc.), Purchase and Sale Agreement (Postal Realty Trust, Inc.), Agreement of Purchase and Sale (Postal Realty Trust, Inc.)
Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth (5th) second anniversary of the Closing.
(b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor and the Indemnified Party or by arbitration or court proceeding.
Appears in 4 contracts
Samples: Contribution Agreement (Priam Properties Inc.), Contribution Agreement (Priam Properties Inc.), Contribution Agreement (Priam Properties Inc.)
Limitation Period. (ai) Any claim for indemnification under this Section 3.2 hereof 6.17 must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth first (5th1st) anniversary of the Closing.
(bii) If an applicable claim is asserted in writing on or prior to the first (1st) anniversary of the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof of Closing such claim shall survive until resolved by mutual agreement between the Contributor and the Indemnified Party or by arbitration or court proceeding.
Appears in 4 contracts
Samples: Contribution Agreement (Physicians Realty Trust), Contribution Agreement (Physicians Realty Trust), Contribution Agreement (Physicians Realty Trust)
Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth first (5th1st) anniversary of the Closing.
(b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor Seller and the Indemnified Party or by arbitration or court proceeding.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Clearday, Inc.), Purchase and Sale Agreement (Alpine Income Property Trust, Inc.), Membership Interest Purchase and Sale Agreement (Alpine Income Property Trust, Inc.)
Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth first (5th1st) anniversary of the Closing.
(b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor the Contributing Indemnitors and the Indemnified Party or by arbitration or court proceeding.
Appears in 1 contract
Samples: Contribution Agreement (RiverBanc Multifamily Investors, Inc.)
Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth first (5th1st) anniversary of the applicable Closing.
(b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor the Contributing Indemnitors and the Indemnified Party or by arbitration or court proceeding.
Appears in 1 contract
Samples: Contribution Agreement (RiverBanc Multifamily Investors, Inc.)
Limitation Period. (a) Any Notwithstanding the foregoing, any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth first (5th1st) anniversary of the Closing.
(b) If Subject to Section 3.6(a), if asserted in writing on or prior to first (1st) anniversary of the date specified in Section 3.5(a) hereof for the applicable claimClosing, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor and the Indemnified Party or by arbitration or court proceeding.until
Appears in 1 contract
Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth first (5th1st) anniversary of the Closing.
(b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor and the Indemnified Party or by arbitration or court proceeding.
Appears in 1 contract
Samples: Contribution Agreement (Alpine Income Property Trust, Inc.)
Limitation Period. (a) Any claim for indemnification under Section 3.2 hereof must be asserted in writing by the Indemnified Party, stating the nature of the Losses and the basis for indemnification therefor on or prior to the fifth first (5th1st) anniversary of the Closing.
(b) If asserted in writing on or prior to the date specified in Section 3.5(a) hereof for the applicable claim, any claims for indemnification pursuant to Section 3.2 hereof shall survive until resolved by mutual agreement between Contributor the applicable Contributor(s) and the Indemnified Party or by arbitration or court proceeding.
Appears in 1 contract
Samples: Contribution Agreement (RiverBanc Multifamily Investors, Inc.)