Common use of PERIOD OF LIMITATIONS Clause in Contracts

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an Indemnitor or any affiliate of an Indemnitor against the Indemnitee, Indemnitee'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, or such longer period as may be required by applicable law under the circumstances. Any claim or cause of action of the Indemnitor or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 19 contracts

Samples: Indemnification & Liability (Metro-Goldwyn-Mayer Inc), Indemnification & Liability (Metro-Goldwyn-Mayer Inc), Joint and Several Indemnity Agreement (Metro-Goldwyn-Mayer Inc)

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PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted with respect to any dispute arising out of this Agreement by or on behalf of an Indemnitor the Company or any affiliate of an Indemnitor the Company against the Indemnitee, the Indemnitee's ’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, or such longer period as may be required by applicable state law under the circumstances. Any , and any claim or cause of action of the Indemnitor Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the action, such shorter period shall govern.

Appears in 8 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Real Industry, Inc.), Indemnification Agreement (Fulgent Genetics, Inc.)

PERIOD OF LIMITATIONS. No Except for legal actions based on Indemnitee’s fraud or willful misconduct as to which the period of limitations shall be governed by applicable law, no legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf in the right of an Indemnitor or any affiliate of an Indemnitor the Company against the Indemnitee, Indemnitee's ’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, or such longer period as may be required by applicable law under the circumstances. Any and any claim or cause of action of the Indemnitor or its affiliate 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 the action, such shorter period shall govern.

Appears in 4 contracts

Samples: Indemnification Agreement (Mela Sciences, Inc. /Ny), Indemnification Agreement (Christopher & Banks Corp), Employment Agreement (Christopher & Banks Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an Indemnitor or any affiliate of an Indemnitor against the Indemnitee, Indemnitee's ’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, or such longer period as may be required by applicable law under the circumstances. Any claim claims or cause of action of the Indemnitor or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnity Agreement (Arch Coal Inc), Indemnification Agreement (Arch Coal Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an Indemnitor or any affiliate of an Indemnitor against the Indemnitee, Indemnitee'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, or such longer period as may be required by applicable law under the circumstances. Any claim or cause of action of the Indemnitor or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 2 contracts

Samples: Joint and Several Indemnity Agreement (Hardie James Industries Nv), Indemnification & Liability (Hardie James Industries Nv)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an the Indemnitor or any affiliate of an the Indemnitor against the Indemnitee, Indemnitee's ’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, or such longer period as may be required by applicable law under the circumstances. Any claim or cause of action of the Indemnitor or its affiliate affiliates shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification & Liability (Encore Acquisition Co), Indemnification Agreement (Pier 1 Imports Inc/De)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an Indemnitor or any affiliate of an Indemnitor against the Indemnitee, Indemnitee'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, or such longer period as may be required by applicable law under the circumstances. Any claim claims or cause of action of the Indemnitor or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Premcor Refining Group Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an Indemnitor INSIGHT or any affiliate Affiliate of an Indemnitor INSIGHT against the IndemniteeINDEMNITEE, Indemnitee's INDEMNITEE’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by applicable state law under the circumstances. Any , and any claim or cause of action of the Indemnitor INSIGHT or its affiliate Affiliates shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the action, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Insight Health Services Holdings Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an Indemnitor or any affiliate of an Indemnitor against the Indemnitee, Indemnitee's ’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, or such longer period as may be required by applicable law under the circumstances. Any claim or cause of action of the Indemnitor or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification & Liability (Metro-Goldwyn-Mayer Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of --------------------- action shall be asserted by or on behalf of an Indemnitor or any affiliate of an Indemnitor against the Indemnitee, Indemnitee'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, or such longer period as may be required by applicable law under the circumstances. Any claim or cause of action of the Indemnitor or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification & Liability (Metro-Goldwyn-Mayer Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an Indemnitor or any affiliate of an the Indemnitor against the Indemnitee, the Indemnitee's ’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, or such longer period as may be required by applicable law under the circumstances. Any claim or cause of action of the Indemnitor or its affiliate affiliates shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (DoubleDown Interactive Co., Ltd.)

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PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- cause of action shall be asserted by or on behalf of an Indemnitor or any affiliate of an Indemnitor against the Indemnitee, Indemnitee'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, or such longer period as may be required by applicable law under the circumstances. Any claim or cause of action of the Indemnitor or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification & Liability (Metro-Goldwyn-Mayer Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an Indemnitor or any affiliate of an Indemnitor against the Indemnitee, Indemnitee'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, or such longer period as may be required by applicable law under the circumstances. Any claim claims or cause of action of the Indemnitor or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Arch Mineral Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- cause of action shall be asserted by or on behalf of an Indemnitor Employer or Parent or any affiliate of an Indemnitor their Affiliates against the IndemniteeEmployee, Indemniteethe Employee'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, or such longer period as may be required by applicable law under the circumstances. Any and any claim or cause of action of the Indemnitor Employer or its affiliate Parent 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 the such shorter period shall govern.

Appears in 1 contract

Samples: Employment Agreement (Cellstar Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought brought, and no --------------------- cause of action shall be asserted asserted, by or on behalf of an Indemnitor Bancorp or any affiliate of an Indemnitor Bancorp against the Indemnitee, Indemnitee's ’s spouse, heirs, executors, or personal or legal representatives 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 applicable state law under the circumstances. Any claim or cause of action of the Indemnitor Bancorp or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the action, this shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Greater Bay Bancorp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action arising out of or related to the parties’ respective rights and obligations under this agreement shall be asserted by or on behalf of an Indemnitor the Company or any affiliate of an Indemnitor the Company against the Indemnitee, Indemnitee's ’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two three (3) years from the date of accrual of such cause of action, action or such longer period as may be required by applicable state law under the circumstances. Any claim or cause of action of the Indemnitor Company or its affiliate Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Genesis Microchip Inc /De)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of an the Indemnitor or any affiliate of an the Indemnitor against the Indemnitee, Indemnitee'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, or such longer period as may be required by applicable law under the circumstances. Any claim or cause of action of the Indemnitor or its affiliate affiliates shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnity Agreement (Encore Acquisition Co)

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