Survival; Claims Period. Notwithstanding any other provision in this Agreement, no claim or indemnified Loss may be asserted under this Agreement unless the party seeking indemnification gives the other party notice of such claim before the end of the applicable Survival Period; provided, that where notice of such claim has been timely given, such claim will survive the expiration of the Survival Period.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Trendwest Resorts Inc), Stock Purchase Agreement (Trendwest Resorts Inc)
Survival; Claims Period. Notwithstanding any other provision in this Agreement, no No claim or indemnified Loss for indemnification may be asserted under this Agreement hereunder unless the party seeking indemnification gives the other party or parties notice of such claim before the end of the applicable Survival PeriodPeriod (as hereinafter defined); provided, provided that where notice of such claim has been timely given, such claim will shall survive the expiration of the Survival Period.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Province Healthcare Co), Asset Purchase Agreement (Province Healthcare Co)