Preservation of Claims. The expiration or termination of the privilege of this Agreement or the Permit shall not operate to cut off any claims or cause of action in favor of Licensor or Licensee which accrued or arose prior to the effective date of such expiration or termination.
Preservation of Claims. Notwithstanding anything to the contrary contained in this Agreement, (i) from and after the Signing Date and through the earlier of (1) the occurrence of a Termination Event and (2) the Effectiveness Time, the Parties hereby acknowledge and agree that any and all rights of the Parties and their respective affiliates with respect to any and all unasserted claims or causes of action that the Parties and their respective affiliates ever had, now have, could have asserted or may have or may assert in the future against any of the other Parties and their respective affiliates (“Unasserted Claims”) shall be preserved, maintained and protected to the fullest extent permitted by law, (ii) from and after the Signing Date and through the earlier of (1) the occurrence of a Termination Event and (2) the Effectiveness Time, the Parties hereby acknowledge and agree that all applicable statutes of limitation with respect to Unasserted Claims shall be, and shall be deemed to be, tolled for all purposes, (iii) the Parties hereby acknowledge and agree that the Parties and their respective affiliates shall not be deemed to have waived the right to pursue any Unasserted Claims as a result of any delay in asserting such Unasserted Claims due to the restrictions imposed by this Section 6 and (iv) none of the Parties nor any of their affiliates shall claim or assert in any litigation proceeding or other action between the Sprint Parties and the iPCS Parties or any of their respective affiliates that the statute of limitation with respect to any Unasserted Claims has expired (except to the extent such statute of limitation had expired prior to the Signing Date) as a result of any delay in asserting such Unasserted Claims due to the restrictions imposed by this Section 6 or that any of the Parties or any of their respective affiliates has waived the right to pursue any Unasserted Claims as a result of any delay in asserting such Unasserted Claims due to the restrictions imposed by this Section 6.
Preservation of Claims. Within thirty (30) days after a rejection of a claim, in whole or in part, by Metro under Sections 3.4.3, 3.4.4 or 3.4.5, Contractor may preserve its claim by submitting a fully documented claim package to the Metro Procurement Officer. That package shall include substantiating documentation with an itemized breakdown of Contractor and Contractor's Subcontractors' costs on a daily basis that shall include but not be limited to labor, material, equipment, supplies, services, Overhead, and Profit. All documentation that Contractor believes is relevant to the claim shall be provided in the claim package, including without limitation payroll records, purchase orders, quotations, invoices, estimates, correspondence, profit and loss statements, daily logs, ledgers, and journals. Failure to submit the claim package in full compliance with this requirement and/or maintain cost records as herein required will constitute a waiver of the claim. If Contractor elects to pursue any claims by filing a lawsuit against Metro, it must commence such lawsuit within six (6) months after the date of Substantial Completion. Failure to commence a lawsuit within this time limitation shall constitute a waiver of all such claims by Contractor.
Preservation of Claims. Any claim set forth in a Notice of Claim shall survive until final resolution thereof.
Preservation of Claims. Any claim set forth in a Notice that has been delivered in good faith in accordance with Section 10.3, and the foregoing time frames, as applicable, shall survive until final resolution thereof.
Preservation of Claims. Except as otherwise provided in the Plan, including Section 10.6 and Section 10.7, as of the Effective Date, pursuant to section 1123(b)(3)(B) of the Bankruptcy Code, any action, cause of action, liability, obligation, right, suit, debt, sum of money, damage, judgment, claim and demand whatsoever, whether known or unknown, in law, equity or otherwise, accruing to the Debtors shall become assets of the Reorganized Debtors, and the Reorganized Debtors shall have the authority to commence and prosecute such causes of action for the benefit of the estates of the Debtors. After the Effective Date, the Reorganized Debtors shall have the authority to compromise and settle, otherwise resolve, discontinue, abandon or dismiss all such causes of action without approval of the Bankruptcy Court.
Preservation of Claims. Notwithstanding any provision of this Section 6.5 or any other provision of this Agreement, the Mutual Release or the Release Agreement to the contrary, Seller acknowledges and agrees that nothing contained in this Agreement, the Mutual Release or the Release Agreement shall constitute a release, discharge or waiver of any claim against Seller that Buyer, TDSF, DEI or their respective Affiliates are entitled to make as an unsecured creditor in the Bankruptcy Proceedings, including claims for royalties due by Seller to TDSF or its Affiliates arising under the License Agreement before the Applicable Petition Date and third party indemnity claims for which Seller is liable to TDSF or its Affiliates under the License Agreement that are pending before the Applicable Petition Date or for which Seller or Buyer has received notice before the Applicable Petition Date (but excluding other claims for other amounts due under the License Agreement arising before the Applicable Petition Date), all of which claims of Buyer, TDSF, DEI and their respective Affiliates are hereby expressly reserved and maintained.
Preservation of Claims. Each Obligor party hereto shall comply in all material respects with the provisions of the Relevant Documents to which it is a party.
Preservation of Claims. 114 12.18 Bulk Sales Compliance.............................................................................. 115 12.19
Preservation of Claims. Notwithstanding anything contained in this Agreement or in any Ancillary Document to the contrary, and except as otherwise provided in the following sentence, the Parties agree that any misrepresentation, breach of warranty or non-fulfillment of any covenant or agreement by a Party under or in the Original Agreement occurring prior to the execution and delivery of this Agreement shall be deemed for all purposes to be a misrepresentation, breach of warranty or non-fulfillment of such covenant or agreement by that Party under this Agreement, and shall entitled the other Parties to all rights and remedies as may be contemplated in this Agreement the same as if this Agreement had been executed and effective as of the Effective Date. Notwithstanding the foregoing, in the event the Closing occurs, Caldwell and Caldwell Tanks shall not thereafter: (a) have a right to bring a misrepresentation or breach of warranty claim against Brown, GSAC or Matrix as of the Effective Date or the Closing Date for any matter, event or circumstance that was not (but should have been) included in any of the disclosure Schedules of Brown, GSAC and Matrix attached to and made a part of the Original Agreement, to the extent such matter, event or circumstance is expressly disclosed by Brown, GSAC and Matrix in their disclosure Schedules delivered in connection with this Agreement and dated as of August 31, 1999; (b) have a right to bring a claim for breach by Brown, GSAC and/or Matrix of any of their covenants and agreements contained in Section 6.2 of the Original Agreement or Section 6.2 of this Agreement with respect to any action, omission, event or circumstance arising following the Effective Date and expressly disclosed by Brown, GSAC and Matrix in their above-described disclosure Schedules dated as of August 31, 1999; or (c) have a right to bring a misrepresentation or breach of warranty claim against Brown, GSAC or Matrix as of the Effective Date or the Closing Date based upon any representation or warranty contained in the Original Agreement if the relevant matter, event or circumstance giving rise to such claim would not have given rise to such a misrepresentation or breach of warranty claim under this Agreement had it, rather than the Original Agreement, been executed and delivered as of the Effective Date.
