Common use of Survival; Limitation of Actions Clause in Contracts

Survival; Limitation of Actions. Subject to the limitations and other provisions of this Agreement: (a) the Parties representations and warranties contained herein and related exceptions, limitations or qualifiers survive the expiration or earlier termination of this Agreement for a period of twelve (12) months after the expiration or termination; and (b) any provision that, to give proper effect to its intent, should survive expiration or termination, survive the expiration or earlier termination of this Agreement for the period specified therein, or if nothing is specified for a period of twelve (12) months after expiration or termination. Notwithstanding any right under any applicable statute of limitations to bring a claim, no lawsuit or other action based on or arising in any way out of this Agreement may be brought by either Party after the applicable survival period s expiration; provided, however, that the foregoing limitation does not apply to the collection of any amounts due to Supplier under the Agreement; and provided, further, that any claims asserted in good faith with reasonable specificity and in writing by Notice before the applicable survival period s expiration is not thereafter barred by the relevant period s expiration, and these claims survive until finally resolved.

Appears in 2 contracts

Samples: Product Reseller Agreement, Reseller Agreement (Hpil Holding)

AutoNDA by SimpleDocs

Survival; Limitation of Actions. Subject to the limitations and other provisions of this Agreement: (a) the Parties representations and warranties of the Parties contained herein and related exceptions, limitations limitations, or qualifiers survive the expiration or earlier termination of this Agreement for a period of twelve (12) 12 months after the expiration or termination; and (b) Sections 2.03, 2.04, 3.01 and Articles 13 through 19 of this Agreement, as well as any other provision that, to give proper effect to its intent, should survive such expiration or termination, survive the expiration or earlier termination of this Agreement for the period specified therein, or if nothing is specified for a period of twelve (12) 12 months after expiration or termination. Notwithstanding any right under any applicable statute of limitations to bring a claim, no lawsuit or other action based on or arising in any way out of this Agreement may be brought by either Party after the applicable survival period s period’s expiration; provided, however, that the foregoing limitation does not apply to the collection of any amounts due to Supplier Seller under the Agreement; and provided, further, that any claims asserted in good faith with reasonable specificity and in writing by Notice before the applicable survival period s period’s expiration is not thereafter barred by the relevant period s period’s expiration, and these claims survive until finally resolved.

Appears in 1 contract

Samples: Exclusive Channel Partner & Distribution Agreement (Superior Drilling Products, Inc.)

AutoNDA by SimpleDocs

Survival; Limitation of Actions. Subject to the limitations and other provisions of this Agreement: : (a) the Parties representations and warranties of the Parties contained herein herein, and related exceptions, limitations limitations, or qualifiers survive the expiration or earlier termination of this Agreement for a period of twelve (12) 12 months after the expiration or termination; and and (b) Section 15.01 of this Agreement, as well as any other provision that, to give proper effect to its intent, should survive such expiration or termination, survive the expiration or earlier termination of this Agreement for the period specified therein, or if nothing is specified for a period of twelve (12) 12 months after expiration or termination. Notwithstanding any right under any applicable statute of limitations to bring a claim, no lawsuit or other action based on or arising in any way out of this Agreement may be brought by either Party after the applicable survival period s period’s expiration; provided, however, that the foregoing limitation does not apply to the collection of any amounts due to Supplier under the Agreement; and provided, further, that any claims asserted in good faith with reasonable specificity and in writing by Notice before the applicable survival period s period’s expiration is not thereafter barred by the relevant period s period’s expiration, and these claims survive until finally resolved.

Appears in 1 contract

Samples: Product Reseller Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!