Time Limitation. The time limits established in the grievance procedures shall be followed by the parties and the aggrieved employee. If the time limit procedure is not followed by the Union or the aggrieved employee, the grievance shall be considered settled without precedent. If the time procedure is not followed by the Employer, the grievance shall automatically advance to the next step, but arbitration shall only be instituted upon timely written notice by the Union. The time limits established in the grievance and arbitration procedure may be extended by mutual agreement reduced to writing and signed by the parties.
Time Limitation. The time limits established in the Grievance Procedure shall be followed by the parties hereto. If the time procedure is not followed by the Union, the grievance shall be considered settled in accordance with the last disposition. If the time procedure is not followed by the County, the grievance shall automatically advance to the next step, but excluding arbitration. The time limits established in the Grievance Procedure may be extended by mutual agreement; provided it is reduced to writing and the period of extension is specified.
Time Limitation. If at the end of the 180th day following the date of the effectiveness of the Participation Notice the Company has not completed the Issuance, each Participating Purchaser will be released from his obligations under the written commitment, the Participation Notice will be null and void, and it will be necessary for a separate Participation Notice to be furnished, and the terms and provisions of this Section 6.1 separately complied with, in order to consummate such Issuance pursuant to this Section 6.1.
Time Limitation. (a) After the Closing Date, a Buyer Indemnitee may make a claim for indemnification with respect to any breach of a representation or warranty (other than those made in Section 2.1 (Organization), Section 2.2 (Authority), Section 2.3(c) (Title to Assets), Section 2.4(i) (No Violation of Organizational Documents), Section 2.8 (Taxes), Section 2.13 (Employee Benefit Plans), Section 2.18 (Environmental Matters), and Section 2.20 (No Brokers) (collectively, the “Seller Fundamental Representations”), as to which a claim may be made at any time prior to 90 days after expiration of the statute of limitations applicable to claims regarding the subject matter of such representations and warranties (including any extensions and waivers thereof)), only if on or before the date that is 12 months after the Closing Date, the Buyer Indemnitee notifies Sellers of a claim specifying the factual basis of the claim in reasonable detail to the extent then known by such Buyer Indemnitee. Notwithstanding the foregoing, claims made pursuant to Sections 5.1(b), (c), (d) and (e) and claims based upon intentional misrepresentation or common law fraud committed by Sellers or the Selling Persons in connection with this Agreement or the transactions contemplated hereby may, in each case, be made at any time.
(b) After the Closing Date, a Seller Indemnitee may make a claim for indemnification with respect to any breach of a representation or warranty (other than those made in Section 3.1 (Organization), Section 3.2 (Authority) and Section 3.3(i) (No Violation of Organizational Documents) (collectively, the “Buyer Fundamental Representations”), as to which a claim may be made at any time prior to 90 days after expiration of the statute of limitations applicable to claims regarding the subject matter of such representations and warranties (including any extensions and waivers thereof)), only if on or before the date that is 12 months after the Closing Date, the Seller Indemnitee notifies Buyer of a claim specifying the factual basis of the claim in reasonable detail to the extent then known by such Seller Indemnitee. Notwithstanding the foregoing, claims made pursuant to Sections 5.2(b), (c) and (d) and claims based upon intentional misrepresentation or common law fraud committed by Buyer in connection with this Agreement or the transactions contemplated hereby may, in each case, be made at any time.
Time Limitation. No party shall be responsible hereunder for any Indemnifiable Loss unless the Indemnitee shall have provided such party with written notice containing a reasonable description of the claim, action or circumstances giving rise to such Indemnifiable Loss within three (3) years after the Closing Date (the “Indemnity Notice Period”); provided, however, that:
(a) with respect to any Indemnifiable Loss resulting or arising from any breach of a representation or warranty of the Members or the Company relating to taxes, or any tax liability of the Company arising or relating to periods prior to the Closing Date, the Indemnity Notice Period shall extend for the full duration of the statute of limitations; and
(b) there shall be no limit on the Indemnity Notice Period for indemnity claims: (i) against the Members or the Company for Indemnifiable Losses arising or resulting from a breach of a representation or warranty relating to Environmental Laws, or any liability which relates to the handling or disposal of Wastes or the failure to comply with any Environmental Law; (ii) employment or employee benefit liability; and (iii) against any party based on fraud or intentional breach or misrepresentation.
Time Limitation. The time limits set forth in the grievance procedure shall be followed by the parties. If the time procedure is not followed by the Union, the grievance shall be considered settled on the basis of the Employer's last disposition. If the time procedure is not followed by the Employer, the grievance shall automatically advance to the next step. Saturday, Sunday and holidays shall not be counted under the time limits established by the grievance procedure. The grievance may be withdrawn at any step of the procedure. Grievances so withdrawn shall not be reinstated.
Time Limitation. All claims for indemnification under clause (i) of the first sentence of Section 6.1(a) or clause (i) of the first sentence of Section 6.1(b) must be asserted within 30 days of the termination of the respective survival periods set forth in Section 6.2.
Time Limitation. The grievance must be submitted within one (1) calendar month after the employee or the Association knew or should have known of the event giving rise to the grievance.
Time Limitation. Grievances shall not be valid for consideration unless the grievance is submitted in writing, setting forth the facts and the specific provision of the Agreement allegedly violated and the particular relief sought, within twenty (20) days after the date of the first event giving rise to the grievance occurred. Failure to file any grievance within such period shall be deemed a waiver thereof.
Time Limitation. No claim or action shall be brought under this Article IX for any inaccuracy in or breach of a representation or warranty contained in or made pursuant to this Agreement by any Indemnifying Party after the lapse of eighteen (18) months following the Closing Date. Regardless of the foregoing, however, or any other provision of this Agreement:
(i) There shall be no time limitation on claims or actions brought for any inaccuracy in or breach of any representation or warranty made by Seller in or pursuant to Sections 2.1, 2.2, 2.3, 2.4 or 2.27 and Seller hereby waives all applicable statutory limitation periods with respect thereto.
(ii) There shall be no time limitation on claims or actions brought for any inaccuracy in or breach of any representation or warranty made by Buyer in or pursuant to Sections 3.2 or 3.6, and Buyer hereby waives all applicable statutory limitation periods with respect thereto.
(iii) Any claim or action made pursuant to Section 9.1(a)(y), Section 9.4 or for any inaccuracy in or breach of any representation or warranty made by Seller in or pursuant to Sections 2.13 or 2.17 may be made at any time prior to thirty (30) days after the expiration of the applicable statute of limitation; provided, however, that with respect to any claim or action made under Section 9.4(b) for any inaccuracy in or breach of any representation or warranty made by Seller in or pursuant to Sections 2.26(xvi) or (xvii) such claim or action may not be brought after the lapse of twenty-four (24) months following the Closing Date.
(iv) If any act, omission, disclosure or failure to disclose shall form the basis for a claim for any inaccuracy in or breach of more than one representation or warranty, and such claims have different periods of survival hereunder, the termination of the survival period of one claim shall not affect a party’s right to make a claim based on the inaccuracy in or breach of any representation or warranty still surviving.
