PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 172 contracts
Samples: Indemnification Agreement (Schlumberger Limited/Nv), Indemnification Agreement (HashiCorp, Inc.), Indemnification Agreement (BT Brands, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 119 contracts
Samples: Indemnification Agreement (Aci Worldwide, Inc.), Annual Report, Annual Report
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any Affiliate of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such the shorter period shall govern.
Appears in 74 contracts
Samples: Indemnification Agreement (Zicix Corp), Indemnification Agreement (Zicix Corp), Indemnification Agreement (Atomic Studios, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 65 contracts
Samples: Indemnification Agreement (Hexcel Corp /De/), Indemnification Agreement (Semper Paratus Acquisition Corp), Indemnification Agreement (Semper Paratus Acquisition Corp)
PERIOD OF LIMITATIONS. No To the fullest extent permitted by law, no legal action shall be brought brought, and no cause of action shall be asserted asserted, by or in on behalf of the right Company or any controlled affiliate of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its controlled affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 53 contracts
Samples: Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Office Properties Income Trust)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 36 contracts
Samples: Indemnification Agreement (E Loan Inc), Indemnification Agreement (E Loan Inc), Indemnification Agreement (E Loan Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any of its subsidiaries against Indemnitee, Indemnitee or Indemnitee’s estate, spousespouses, heirs, executors or executors, personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 35 contracts
Samples: Indemnification Agreement (Wavedancer, Inc.), Indemnification Agreement (Elicio Therapeutics, Inc.), Indemnification Agreement (Hyperfine, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against the Indemnitee, the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 33 contracts
Samples: Indemnification Agreement (B. Riley Financial, Inc.), Indemnification Agreement (Emerald Health Bioceuticals Inc.), Indemnification Agreement (Emerald Health Pharmaceuticals Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee or Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-five (5) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 32 contracts
Samples: Independent Directors Agreement (Callan JMB Inc.), Board of Directors Agreement (Qualigen Therapeutics, Inc.), Board of Directors Agreement (Qualigen Therapeutics, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, or Indemnitee’s estate, spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 32 contracts
Samples: Indemnification Agreement (Hello Inc. /Cayman Islands/), Indemnification Agreement (Phoenix Tree Holdings LTD), Indemnification Agreement (Full Truck Alliance Co. Ltd.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year two (2)‑year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 32 contracts
Samples: Indemnification Agreement (East Resources Acquisition Co), Indemnification Agreement (East Resources Acquisition Co), Indemnification & Liability (East Resources Acquisition Co)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any Affiliate of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any action or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such the shorter period shall govern.
Appears in 31 contracts
Samples: Indemnification Agreement (Comscore, Inc.), Director and Officer Indemnification Agreement (Bespoke Capital Acquisition Corp), Indemnification Agreement (eHealth, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, any Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twofive-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 26 contracts
Samples: Indemnification Agreement (Cheniere Energy Partners, L.P.), Indemnification Agreement (Cheniere Energy, Inc.), Indemnification Agreement (Cheniere Energy, Inc.)
PERIOD OF LIMITATIONS. No legal action shall may be brought and no cause of action shall may be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall will be extinguished and deemed released released, unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall will govern.
Appears in 22 contracts
Samples: Indemnification Agreement (Berry Petroleum Corp), Indemnification Agreement (Berry Petroleum Corp), Indemnification Agreement (Equity Bancshares Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter -------- ------- period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 21 contracts
Samples: Indemnification Agreement (Inktomi Corp), Indemnification Agreement (Auto by Tel Corp), Indemnification Agreement (Loudcloud Inc)
PERIOD OF LIMITATIONS. No legal action shall will be brought and no cause of action shall will be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee or Indemnitee's spouse, Indemnitee’s estatepersonal or legal representatives, spouseexecutors, administrators, successors, heirs, executors distributees or personal or legal representatives legatees after the expiration of two three (3) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall or its affiliates will be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-three (3) year period; provided, however, that if any shorter period of limitations limitation is otherwise applicable to any such cause of action, such shorter period shall will govern.
Appears in 21 contracts
Samples: Indemnification Agreement (Mack Cali Realty Corp), Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 21 contracts
Samples: Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (ChyronHego Corp), Indemnification Agreement (ChyronHego Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company, any Subsidiary, any Other Enterprise or any Affiliate of the Company against Indemnitee or Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company, any Subsidiary, any Other Enterprise or any Affiliate of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations limitations, whether established by statute or judicial decision, is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 20 contracts
Samples: Indemnification Agreement (Bath & Body Works, Inc.), Indemnification Agreement (Victoria's Secret & Co.), Indemnification Agreement (Limited Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year two (2)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 19 contracts
Samples: Indemnification Agreement (Sevion Therapeutics, Inc.), Indemnification Agreement (Senesco Technologies Inc), Indemnification Agreement (Senesco Technologies Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; providedPROVIDED, howeverHOWEVER, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 19 contracts
Samples: Indemnification Agreement (Alphanet Solutions Inc), Indemnification Agreement (Shrena Software Inc), Indemnification Agreement (Catapult Communications Corp)
PERIOD OF LIMITATIONS. No legal action shall will be brought and no cause of action shall will be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee or Indemnitee’s estatespouse, spousepersonal or legal representatives, executors, administrators, successors, heirs, executors distributees or personal or legal representatives legatees after the expiration of two three (3) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall or its affiliates will be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-three (3) year period; provided, however, that if any shorter period of limitations limitation is otherwise applicable to any such cause of action, such shorter period shall will govern.
Appears in 19 contracts
Samples: Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 18 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Beckman Coulter Inc), Indemnification Agreement (Neah Power Systems, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, any Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-five (5) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 17 contracts
Samples: Indemnification Agreement (BridgeBio Pharma, Inc.), Board of Directors Agreement (Apollo Medical Holdings, Inc.), Board of Directors Agreement (Apollo Medical Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter -------- ------- period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 14 contracts
Samples: Indemnification Agreement (Kyphon Inc), Indemnification Agreement (Curon Medical Inc), Indemnification Agreement (Bamboo Com Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemniteethe Director, Indemniteethe Director’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-five (5) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 12 contracts
Samples: Indemnification Agreement (Perfect Corp.), Series D Preferred Share Purchase Agreement (Momo Inc.), Series C Preferred Share Purchase Agreement (Momo Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, an Indemnitee or an Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year five (5)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 11 contracts
Samples: Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twofive-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 11 contracts
Samples: Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 11 contracts
Samples: Employment Agreement (Walt Disney Co), Employment Agreement (Walt Disney Co), Indemnification Agreement (Walt Disney Co)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company Corporation against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company Corporation shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 11 contracts
Samples: Indemnity Agreement (Alpha Healthcare Acquisition Corp Iii), Indemnity Agreement (Amicus Therapeutics, Inc.), Indemnification Agreement (ARYA Sciences Acquisition Corp IV)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 11 contracts
Samples: Indemnification Agreement (Axcelis Technologies Inc), Indemnification Agreement (Belden Inc), Indemnification Agreement (Belden Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-five (5) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 11 contracts
Samples: Indemnification Agreement (MINISO Group Holding LTD), Indemnification Agreement (Kaixin Auto Holdings), Indemnification Agreement (Hexindai Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, any Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twofive-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 10 contracts
Samples: Indemnification Agreement (Activecare, Inc.), Indemnification Agreement (United Online Inc), Indemnification Agreement (Caldera Systems Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twofive-year period; providedprovided , howeverhowever , that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 10 contracts
Samples: Executive Employment Agreement (Marizyme Inc), Indemnification Agreement (Marizyme Inc), Indemnification Agreement (Marizyme Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one (1) year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twoone-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 10 contracts
Samples: Indemnification Agreement (Pedevco Corp), Indemnification Agreement (Pedevco Corp), Indemnification Agreement (Monarch Staffing, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three (3) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twothree-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 10 contracts
Samples: Indemnification Agreement (Vocus, Inc.), Separation Agreement (Penson Worldwide Inc), Indemnification Agreement (Wellcare Health Plans, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company Bank against the Indemnitee, the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company Bank shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 10 contracts
Samples: Indemnification Agreement, Indemnification Agreement (North American Financial Holdings, Inc.), Indemnification Agreement (North American Financial Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-five (5) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 10 contracts
Samples: Indemnification Agreement (Basil Street Cafe, Inc.), Indemnification Agreement (CF Finance Acquisition Corp II), Indemnification Agreement (CoLucid Pharmaceuticals, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company Partnership against Indemnitee, the Indemnitee or the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, and any claim or cause of action of the Company Partnership shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-three year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 9 contracts
Samples: Director and Officer Indemnity Agreement (OSG America L.P.), Director and Officer Indemnity Agreement (OSG America L.P.), Director and Officer Indemnity Agreement (OSG America L.P.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, any Indemnitee or any Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year five (5)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 9 contracts
Samples: Indemnification Agreement (Nationsrent Inc), Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemniteethe Director, Indemniteethe Director’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter the short period shall govern.
Appears in 9 contracts
Samples: Indemnification Agreement (J. Alexander's Holdings, Inc.), Indemnification Agreement (J. Alexander's Holdings, Inc.), Indemnification Agreement (J. Alexander's Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twothree-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 9 contracts
Samples: Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any of its Subsidiaries against Indemnitee, Indemnitee or Indemnitee’s estate, spousespouses, heirs, executors or executors, personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or any of its Subsidiaries shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 9 contracts
Samples: Indemnification Agreement (Warner Music Group Corp.), Director Indemnification Agreement (Sylvamo Corp), Director Indemnification Agreement (Jackson Financial Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 8 contracts
Samples: Indemnification Agreement (Greenlane Holdings, Inc.), Indemnification Agreement (Greenlane Holdings, Inc.), Indemnification Agreement (Greenlane Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, any Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-five (5) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification Agreement (Alibris Inc), Indemnification Agreement (Alibris Inc), Indemnification Agreement (Lante Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any of its Subsidiaries against Indemnitee, Indemnitee or Indemnitee’s estate, spousespouses, heirs, executors or executors, personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification Agreement (Frontdoor, Inc.), Indemnification Agreement (Servicemaster Global Holdings Inc), Indemnification Agreement (AHS Holding Company, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification Agreement (American Hospitality Properties REIT II, Inc.), Indemnification Agreement (American Hospitality Properties REIT II, Inc.), Indemnification Agreement (TTM Technologies Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twoone-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification Agreement (Atlis Motor Vehicles Inc), Indemnification Agreement (Atlis Motor Vehicles Inc), Indemnification Agreement (Black Ridge Oil & Gas, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company with respect to the matters addressed in this Agreement against Indemnitee, or Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two two(2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification Agreement (Tel Save Com Inc), Indemnification Agreement (Talk Com), Indemnification Agreement (Talk Com)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification & Liability (Employee Solutions Inc), Indemnification & Liability (Employee Solutions Inc), Indemnification & Liability (Employee Solutions Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, however that if any shorter period of limitations is otherwise applicable to any such cause of action, such action the shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (Micrel Inc), Indemnification Agreement (Micrel Inc), Indemnification Agreement (Micrel Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (Atlas Corp.), Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Seaspan CORP)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (Legalzoom Com Inc), Indemnification Agreement (Legalzoom Com Inc), Indemnification Agreement (Lenco Mobile Inc.)
PERIOD OF LIMITATIONS. No Except as required by applicable law, no legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 6 contracts
Samples: Employment Agreement (DXC Technology Co), Indemnification Agreement (Inuvo, Inc.), Indemnification Agreement (LIGHTBRIDGE Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company Corporation or any affiliate of the Corporation against Indemnitee, Indemnitee or Indemnitee’s estate, spouse, heirs, executors executors, or personal or legal representatives after the expiration of two five years from the date of accrual of such that cause of action, and any claim or cause of action of the Company Corporation or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twothat five-year period; provided, however, that that, if any shorter period of limitations is otherwise applicable to any such cause of action, such the shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemniteethe Officer, Indemniteethe Officer’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter the short period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (J. Alexander's Holdings, Inc.), Indemnification Agreement (J. Alexander's Holdings, Inc.), Indemnification Agreement (J. Alexander's Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, however that if any shorter period of limitations is otherwise applicable to any such cause of action, such action the shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (Texxon Inc), Indemnification Agreement (Texxon Inc), Indemnification Agreement (Texxon Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 5 contracts
Samples: Indemnification Agreement (Depomed Inc), Indemnification Agreement (Embarcadero Technologies Inc), Indemnification Agreement (Doubletwist Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twofive-year period; providedprovided , howeverhowever , that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 5 contracts
Samples: Indemnification Agreement (Genvor Inc), Indemnification Agreement (Blue Water Biotech, Inc.), Indemnification Agreement (Marizyme Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company Corporation or any affiliate of the Corporation against IndemniteeDirector, Indemnitee’s estate, Director's spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company Corporation or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 5 contracts
Samples: Indemnification Agreement (McLeodusa Inc), Indemnity Agreement (McLeodusa Inc), Indemnification Agreement (McLeodUSA Holdings Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twothree-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 5 contracts
Samples: Indemnification Agreement (Blucora, Inc.), Indemnification Agreement (Levi Strauss & Co), Indemnification Agreement (Infospace Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 5 contracts
Samples: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors assigns or personal or legal representatives after the expiration of two years from the date of or accrual of such cause of action, and to the fullest extent permitted by applicable law, any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall governgovern unless a longer period is required by applicable law.
Appears in 5 contracts
Samples: Indemnification Agreement (Gart Sports Co), Indemnification Agreement (Sports Authority Inc /De/), Indemnification Agreement (Sports Authority Inc /De/)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual the occurrence of the events leading to such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 5 contracts
Samples: Indemnification Agreement (GNC Corp), Indemnification Agreement (Linens Holding Co.), Indemnification Agreement (General Nutrition Centers Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, by law or otherwise, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Pyxis Tankers Inc.), Indemnification Agreement (Universal Gold Mining Corp.), Indemnification Agreement (Global Ship Lease, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company, any Subsidiary, any Other Enterprise or any Affiliate of the Company against the Indemnitee or the Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company, any Subsidiary, any Other Enterprise or any Affiliate of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations limitations, whether established by statute or judicial decision, is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Gaylord Entertainment Co /De), Indemnification Agreement (Gaylord Entertainment Co), Indemnification Agreement (Gaylord Entertainment Co /De)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three (3) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twothree-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Comstock Homebuilding Companies, Inc.), Indemnification Agreement (QRS Corp), Indemnification Agreement (Wellcare Group Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any of its subsidiaries against Indemnitee or Indemnitee, Indemnitee’s 's estate, spousespouses, heirs, executors or executors, personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (N-Able, Inc.), Indemnification Agreement (N-Able, LLC), Indemnification Agreement (SolarWinds Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemniteethe Executive, Indemnitee’s estate, the Executive's spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or any affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 4 contracts
Samples: Employment Agreement (Teraforce Technology Corp), Employment Agreement (Monarch Dental Corp), Employment Agreement (Teraforce Technology Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Kyphon Inc), Indemnification Agreement (Multilink Technology Corp), Indemnification Agreement (Altus Medical Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing filling of a legal action within such two-year period; provided, provided however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Beacon Power Corp), Indemnification Agreement (Beacon Power Corp), Indemnification Agreement (Vistacare Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Dyadic International Inc), Indemnification Agreement (Dyadic International Inc), Indemnification Agreement (Bridgepoint Education Inc)
PERIOD OF LIMITATIONS. No legal action shall may be brought and no cause of action shall may be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released released, unless asserted by the timely filing of a legal action within such two-two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall will govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Midwest Holding Inc.), Indemnification Agreement (Midwest Holding Inc.), Indemnification Agreement (Yuma Delaware Merger Subsidiary, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern, provided, further, that no legal or other cause of action arising from Disabling Conduct on the part of Indemnitee shall be prohibited by this Section 8.
Appears in 4 contracts
Samples: Employment Agreement (Yahoo Inc), Employment Agreement (Yahoo Inc), Employment Agreement (Yahoo Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no claim or cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such claim or cause of action, and any claim or cause of action of or on behalf of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such that two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such claim or cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Safe Auto Insurance Group, Inc.), Indemnification Agreement (Trean Insurance Group, Inc.), Indemnification Agreement (Trean Insurance Group, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Jayhawk Energy, Inc.), Indemnification Agreement (Us Ecology, Inc.), Stock Purchase Agreement (Australia Acquisition Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Maincontrol Inc /De), Indemnification Agreement (Inforte Corp), Indemnification Agreement (Enterworks Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company Corporation or any affiliate of the Corporation against Indemnitee or Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors executors, or personal or legal representatives after the expiration of two three years from the date of accrual of such that cause of action, and any claim or cause of action of the Company Corporation or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twothat three-year period; provided, however, that that, if any shorter period of limitations is otherwise applicable to any such cause of action, such the shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Concentra Managed Care Inc), Indemnification Agreement (Concentra Managed Care Inc), Indemnification Agreement (Pioneer Natural Resources Co)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company Corporation or any Affiliate of the Corporation against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any . Any claim or cause of action of the Company Corporation or any Affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Officer Indemnification Agreement (Idacorp Inc), Director Indemnification Agreement (Idacorp Inc), Officer Indemnification Agreement (Idacorp Inc)
PERIOD OF LIMITATIONS. No To the fullest extent permitted by applicable law, no legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee or Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual the occurrence of the events leading to such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Floor & Decor Holdings, Inc.), Indemnification Agreement (FDO Holdings, Inc.), Indemnification Agreement (FDO Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of either of the Company Companies or any of their subsidiaries against Indemnitee, Indemnitee or Indemnitee’s estate, spousespouses, heirs, executors or executors, personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of either of the Company Companies or any of their subsidiaries shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Emergency Medical Services CORP), Indemnification Agreement (Emergency Medical Services CORP), Indemnification Agreement (Emergency Medical Services CORP)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless unless, asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Western Gas Resources Inc), Indemnification Agreement (Western Gas Resources Inc), Indemnification Agreement (Western Gas Resources Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual the occurrence of the events leading to such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (City Ventures, Inc.), Indemnification Agreement (GNC Holdings, Inc.), Indemnification Agreement (GNC Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Atrinsic, Inc.), Indemnification Agreement (World Health Alternatives Inc), Indemnification Agreement (World Health Alternatives Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two (2) year period; provided, provided however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one (1) year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twoone-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Us Energy Corp), Indemnification Agreement (Us Energy Corp), Indemnification Agreement (Camber Energy, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors executors, administrators, or personal or legal representatives after the expiration of two years one year from the date of accrual of such that cause of action, and any claim or cause of action of the Company or its affiliates shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twothat one-year period; provided. However, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such that shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Concentric Energy Corp), Indemnification Agreement (Concentric Energy Corp), Indemnification Agreement (Concentric Energy Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Crossworlds Software Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnity Agreement (Avalonbay Communities Inc), Indemnification Agreement (Avalonbay Communities Inc), Indemnification Agreement (Avalonbay Communities Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company or any affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two- year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Venture Stores Inc), Indemnification Agreement (Venture Stores Inc), Indemnification Agreement (Venture Stores Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee or Indemnitee’s estate, spouse, heirs, executors executors, or personal or legal representatives after the expiration of two three years from the date of accrual of such that cause of action, and any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such twothat three-year period; provided, however, that that, if any shorter period of limitations is otherwise applicable to any such cause of action, such the shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Global Defense Technology & Systems, Inc.), Indemnification Agreement (Global Defense Technology & Systems, Inc.), Indemnification Agreement (Phosphate Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two years eighteen months from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year eighteen month period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Spheris Inc.), Indemnification Agreement (IASIS Finance Texas Holdings, LLC), Indemnification Agreement (Biltmore Surgery Center Holdings Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee or Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; period provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (United Usn Inc), Indemnification Agreement (Lasalle Partners Inc), Indemnification Agreement (Lasalle Partners Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee’s estate, 's spouse, heirs, executors executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such action the shorter period shall govern.
Appears in 3 contracts
Samples: Employment Agreement (Cylink Corp /Ca/), Indemnification Agreement (Madge Networks Nv), Indemnification Agreement (Madge Networks Nv)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any of its subsidiaries against Indemnitee, Indemnitee or Indemnitee’s estate, spousespouses, heirs, executors or executors, personal or legal representatives representatives, administrators or assigns after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two (2) year period; , provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Corindus Vascular Robotics, Inc.), Indemnification Agreement (Marika Inc.), Indemnification Agreement (AMEDICA Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Trident Digital Tech Holdings Ltd.), Indemnification Agreement (Lixiang Education Holding Co . LTD), Indemnification Agreement (SAMOYED HOLDING LTD)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against an Indemnitee, an Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Patient Safety Technologies, Inc), Indemnification Agreement (Protalex Inc), Indemnification Agreement (Protalex Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year two (2)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (SelectQuote, Inc.), Indemnification Agreement (Cadence Bancorporation), Indemnification Agreement (Triumph Bancorp, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter -------- ------- period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Covad Communications Group Inc), Indemnification Agreement (Sonic Innovations Inc), Indemnification Agreement (Centillium Communications Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of the facts which gave rise to such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (SNAP-ON Inc), Indemnification Agreement (SNAP-ON Inc), Director/Officer Indemnification Agreement (Laidlaw International Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against IndemniteeCovered Agent, IndemniteeCovered Agent’s estate, spouse, heirs, administrators, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (T3 Motion, Inc.), Indemnification Agreement (Ddi Corp), Indemnification Agreement (SRS Labs Inc)
