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 in the right of the Company against the Director, the Director’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of 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 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.), Share Purchase Agreement (Momo Inc.)

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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 the Director, the Director’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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: Indemnity Agreement (McLeodusa Inc), Indemnity Agreement (McLeodusa Inc), Indemnity Agreement (McLeodusa 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 DirectorIndemnitee, the Director’s estate, spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of five (5) 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 five (5) 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: Form of Indemnification Agreement (Depomed Inc), Indemnification Agreement (Embarcadero Technologies Inc), Indemnification Agreement (Affymetrix 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 DirectorExecutive, the Director’s estate, Executive's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 (Monarch Dental Corp), Employment Agreement (Teraforce Technology 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 the Director, the Director’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of 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 five (5) year 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 2 contracts

Samples: Fund and Director Indemnification Agreement (Baozun Inc.), Fund and Director Indemnification Agreement (Baozun Cayman 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 DirectorExecutive, the Director’s estate, Executive's spouse, heirs, executors or personal or legal representatives after the expiration of five two (52) 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 five (5) 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 2 contracts

Samples: Employment Agreement (Monarch Dental Corp), Employment Agreement (Monarch Dental 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 the DirectorExecutive, the Director’s estate, Executive's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 2 contracts

Samples: Employment Agreement (Home Solutions of America Inc), Employment Agreement (American Eco 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 Director, the Director’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 2 contracts

Samples: Indemnification Agreement (Schlumberger LTD /Nv/), Indemnification Agreement (Schlumberger LTD /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 Corporation against the Director, the Director’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 2 contracts

Samples: Director Indemnification Agreement (Infocus Corp), Director Indemnification Agreement (SCOLR Pharma, 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 the Director, the DirectorOfficer or Officer’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 affiliates shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such five (5) 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. 9.

Appears in 1 contract

Samples: Indemnification Agreement (Cheesecake Factory Incorporated)

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 the DirectorOfficer, the DirectorOfficer’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 1 contract

Samples: Officer Indemnification Agreement (SCOLR Pharma, 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 DirectorAgent, the Director’s estate, Agent's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 1 contract

Samples: Indemnity Agreement (Openwave Systems 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 Director, the Director’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 1 contract

Samples: Director Agreement (Dwango North America Corp)

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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 (or any Affiliate of the Company) against the Director/ Officer, Director, the Director’s estate, /Officer's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 1 contract

Samples: Officer Indemnification Agreement (Patriot Transportation Holding 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 (or any Affiliate of the Company) against the Director/Officer, the Director’s estate, /Officer's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 1 contract

Samples: Officer Indemnification Agreement (Florida Rock Industries 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 the Director, the Director’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 1 contract

Samples: Indemnity Agreement (PAETEC Holding 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 Corporation against the Director, Director or the Director’s 's spouse, estate, spouse, heirs, executors or personal or legal representatives after the expiration of five (5) two years from the date of accrual of such cause of action, and any claim or cause of action actin of the Company Corporation shall be extinguished and deemed released unless asserted by the timely filing of o f a legal action within such five (5) 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 1 contract

Samples: Indemnification Agreement (Dobson Communications 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 DirectorAgent, the Director’s estate, Agent's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) 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 five (5) 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 1 contract

Samples: Indemnity Agreement (Sangstat Medical 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 the Director, the Director’s estate, 's spouse, heirs, executors or personal or legal representatives after the expiration of five (5) years one year 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 five (5) one 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 1 contract

Samples: Agreement (Ply Gem Industries 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 DirectorXxxxxxxxxx, the Director’s estatexxxxxx, spousexxxxx, heirsxxxxxxxxx, executors administrators or personal or legal representatives after the expiration of five (5) 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 five (5) 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 1 contract

Samples: Indemnification Agreement (Paymap 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 Corporation against the Director, Director or the Director’s spouse, estate, spouse, heirs, executors or personal or legal representatives after the expiration of five (5) two years from the date of accrual of such the 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 five (5) that two-year period; provided, 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 1 contract

Samples: Indemnification Agreement (RoomStore, Inc.)

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