Limitation Periods. To the extent that any limitation period applies to any claim for payment of the Obligations or remedy for enforcement of the Obligations, the Obligor agrees that:
(a) any limitation period is expressly excluded and waived entirely if permitted by applicable law;
(b) if a complete exclusion and waiver of any limitation period is not permitted by applicable law, any limitation period is extended to the maximum length permitted by applicable law;
(c) any applicable limitation period shall not begin before an express demand for payment of the Obligations is made in writing by the Credit Union to the Obligor; and
(d) any applicable limitation period shall begin afresh upon any payment or other acknowledgment of the Obligations by the Obligor.
Limitation Periods. For statutes of limitation or repose purposes, any and all CLIENT claims shall be deemed to have accrued no later than the date of substantial completion of J-U-B’s Services. For any action arising out of or relating to this Agreement, the Services, or the Project, each party shall bear its own attorneys fees and costs.
Limitation Periods. Any Arbitration Demand Notice may be given until the date that is two years after the later of the occurrence of the act or event giving rise to the underlying claim or the date on which such act or event was, or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may in a particular case be specifically extended by the parties in writing, the “Applicable Deadline”). Any discussions, negotiations or mediations between the parties pursuant to this Agreement or otherwise will not toll the Applicable Deadline unless expressly agreed in writing by the parties. Each of the parties agrees on behalf of itself and each member of its Group that if an Arbitration Demand Notice with respect to a dispute, controversy or claim is not given prior to the occurrence of the Applicable Deadline, as between or among the parties and the members of their Groups, such dispute, controversy or claim will be barred. Subject to Section 3.08, upon delivery of an Arbitration Demand Notice pursuant to Section 3.03(a) prior to the Applicable Deadline, the dispute, controversy or claim, and all substantive and procedural issues related thereto, shall be decided by a three member panel of arbitrators in accordance with this Article III.
Limitation Periods. 1. In the event that no other arrangement has been agreed to, the limitation period for warranty claims shall be 36 months from transfer of risks.
2. Claims to payment on the part of the Supplier shall be barred by limitation after one year. This period of limitation shall also apply to other claims on the part of the Supplier.
Limitation Periods. Where permitted by provincial or territorial law, the limitation period for this Agreement is extended to six years.
Limitation Periods. Except as may be expressly provided in any Other Agreement to which this Article VI is applicable (an “Applicable Other Agreement”), any Arbitration Demand Notice may be given until the date that is two years after the later of the occurrence of the act or event giving rise to the underlying claim or the date on which such act or event was, or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may in a particular case be specifically extended by the parties in writing, the “Applicable Deadline”). Any discussions, negotiations or mediations between the parties pursuant to this Agreement or otherwise will not toll the Applicable Deadline unless expressly agreed in writing by the parties. Each of the parties agrees on behalf of itself and each member of its Group that if an Arbitration Demand Notice with respect to a dispute, controversy or claim is not given prior to the occurrence of the Applicable Deadline, as between or among the parties and the members of their Groups, such dispute, controversy or claim will be barred. Subject to Section 6.09, upon delivery of an Arbitration Demand Notice pursuant to Section 6.03(a) prior to the Applicable Deadline, the dispute, controversy or claim, and all substantive and procedural issues related thereto, shall be decided by a three member panel of arbitrators in accordance with this Article VI.
Limitation Periods. Any claims of the Purchaser under or in connection with this Agreement shall become time-barred (verjähren) unless notice of such claim has been provided by the Purchaser prior to the time period set forth below in the case of which (i) the limitation shall be tolled only for the claim for which notice was given and (ii) such claim shall then be time-barred twelve (12) months after the notice has been given unless the Purchaser has initiated arbitration proceedings with respect to such claim prior to such point in time:
(a) in case of the Purchaser Claims due to Breach of Title Warranties or Fundamental Warranties, which shall become time-barred four (4) years after the Closing Date;
(b) claims arising as a result of willful breaches (Vorsatz) or fraud (Arglist) which shall become time-barred pursuant to statutory law. Section 203 BGB shall not apply unless the Parties agree in writing that the expiry period shall be tolled (gehemmt) on the basis of pending settlement negotiations;
(c) claims for a breach of a Seller’s Covenant which shall become time-barred (verjähren) nine (9) months after the Closing Date;
(d) claims under Section 17.4 which shall become time-barred (verjähren) three (3) months after the lapse of the 24-months period or the twelve-months period, as the case may, under Section 17.4;
(e) all Insured Claims (except for the Title Warranties and the Fundamental Warranties) which shall become time-barred (verjähren) fifteen (15) months after the Closing Date; and
(f) all other claims of the Purchaser (including with respect to a Breach of the Bring Down Covenant), on the fifteen (15) month anniversary of the Closing Date.
Limitation Periods. Any failure to issue any proceeding within a period of limitation.
Limitation Periods. To the extent that any limitation period applies to any claim for payment of obligations or remedy for enforcement of obligations under any Loan Document, the Obligors agree that:
(a) any limitation period is expressly excluded and waived entirely if permitted by Applicable Law;
(b) if a complete exclusion and waiver of any limitation period is not permitted by Applicable Law, any limitation period is extended to the maximum length permitted by Applicable Law;
(c) any limitation period applying to a Loan Document expressed to be payable on demand shall not begin before an express demand for payment of the relevant obligations is made in writing by the Agent to the relevant Obligor;
(d) any applicable limitation period shall begin afresh upon any payment or other acknowledgment by any Obligor of its relevant obligations; and
(e) each Loan Document is a “business agreement” as defined in the Limitations Act, 2002 (Ontario) if that Act applies to it.
Limitation Periods. Notwithstanding the provisions of the Limitations Act, 2002 (Ontario) or any other statute, an Indemnified Party may commence a proceeding in respect of any matter referred to in Sections 4.2 and 4.3 as referred to in a Claim Notice delivered within the time periods stipulated in Section 4.6 at any time on or before the later of:
(a) the second anniversary of the last date upon which such Claim Notice is permitted to be delivered under Section 4.6; and
(b) the expiry of the limitation period otherwise applicable to such claim, and any applicable limitation period is hereby so extended to the full extent permitted by law.
