Common use of Time Limits for Bringing Claim Clause in Contracts

Time Limits for Bringing Claim. No claim shall be brought against the Sellers in respect of any breach of the Warranties or under any of the Undertakings or the Tax Covenant unless the Purchasers shall have given to the Sellers and/or the Covenantors written notice of such claim specifying (in reasonable detail) the matter which gives rise to the breach or claim, the nature of the breach or claim and the amount claimed in respect thereof (detailing the Purchasers' calculation of the loss thereby alleged to have been suffered by it):- (A) on or before the expiry of a period of seven years and one month from the 1998 Accounts Date in respect of claims relating to taxation; or (B) on or before the expiry of a period of 10 years from the 1998 Accounts Date in respect of claims relating to Italian Social Security payments ; or (C) on or before the date falling 26 months after the date of Completion in respect of any other matters PROVIDED that the liability of the Sellers and/or the Covenantors under this sub-paragraph shall absolutely determine (if such claim has not been previously satisfied, settled or withdrawn) if legal proceedings in respect of such claim shall not have been commenced within six months of the service of such notice and for this purpose proceedings shall not be deemed to have been commenced unless they shall have been properly issued and validly served upon any of the Sellers and/or the Covenantors.

Time Limits for Bringing Claim. No claim Claim shall be brought against the Sellers in respect of any breach of the Warranties or under any of the Undertakings or the Tax Covenant EE Holdco unless the Purchasers Buyer shall have given to the Sellers and/or the Covenantors EE Holdco written notice of such claim Claim specifying (in reasonable detail) the matter which gives rise to the breach or claimClaim, the nature of the breach or claim Claim and the Buyer's then best estimate of the amount claimed in respect thereof (detailing the Purchasers' Buyer's calculation of the loss thereby alleged to have been suffered by it):-it): (Aa) on or before the expiry fifth anniversary of a period of seven years and one month from the 1998 Accounts Date Completion, in respect of claims Claims relating to taxationEnvironmental Matters; or (Bb) on or before the expiry earlier of a (A) the twelfth anniversary of the Completion Date and (B) the later of (x) the tenth anniversary of the Completion Date and (y) the eighth anniversary of the filing by or on behalf of EE of its tax return for the last accounting period of 10 years from the 1998 Accounts Date EE falling on or before 31 December 2001, in respect of claims Claims relating to Italian Social Security payments Taxation or claims under the Tax Deed; or (Cc) on or before the date falling 26 months after the date of Completion 30 June 2003, in respect of any other matters PROVIDED matters, provided that the liability of the Sellers and/or the Covenantors under this sub-paragraph EE Holdco in respect of a Claim shall absolutely determine (if such claim Claim has not been previously satisfied, settled or withdrawn) if legal proceedings in respect of such claim Claim shall not have been commenced within six nine months of the service of such notice (and for this purpose proceedings shall not be deemed to have been commenced unless they shall have been properly issued and validly served upon any of the Sellers and/or the CovenantorsEE Holdco).

Time Limits for Bringing Claim. No claim shall be brought against the Sellers Seller in respect of any breach of the Warranties or under any of the Undertakings or the Tax Covenant Deed or the Deed of Environmental Indemnity unless the Purchasers Purchaser shall have given to the Sellers and/or the Covenantors Seller written notice of such claim specifying (in reasonable detail) the matter which gives rise to the breach or claim, the nature of the breach or claim and the amount claimed in respect thereof (detailing the Purchasers' Purchaser's calculation of the loss thereby alleged to have been suffered by it):-it): (Aa) on or before the expiry seventh anniversary of a period of seven years and one month from the 1998 Accounts Date Completion in respect of claims relating to taxationTax Warranties or the Tax Deed; or (Bb) on or before the expiry sixth anniversary of a period of 10 years from the 1998 Accounts Date Completion in respect of claims claim relating to Italian Social Security payments ; orthe Deed of Environmental Indemnity; (Cc) on or before the date falling 26 months after the date second anniversary of Completion in respect of any other matters matters, PROVIDED that the liability of the Sellers and/or the Covenantors Seller under this sub-paragraph subparagraph shall absolutely determine (if such claim has not been previously satisfied, settled or withdrawn) if legal proceedings in respect of such claim shall not have been commenced within six months of the service of such notice and for this purpose proceedings shall not be deemed to have been commenced unless they shall have been properly issued and validly served upon any of the Sellers and/or Seller and the CovenantorsSeller's Guarantor (or where the Seller has been liquidated, dissolved, or is otherwise insolvent upon the Guarantor only).

Time Limits for Bringing Claim. No claim shall be brought against the Sellers GEC in respect of any breach of the Warranties or under any of the Undertakings or the Tax Covenant unless the Purchasers Purchaser shall have given to the Sellers and/or the Covenantors GEC written notice of such claim specifying (in reasonable detail) the matter which gives rise to the breach or claim, the nature of the breach or claim and the amount claimed in respect thereof (detailing to the Purchasers' extent reasonably practicable the calculation of the loss thereby alleged to have been suffered by it):- (A) on or before the expiry of a period of seven years and one month from the 1998 Accounts Date in respect of claims relating to taxation; or (B) on or before the expiry of a period of 10 years from the 1998 Accounts Date in respect of claims relating to Italian Social Security payments ; or (CPurchaser) on or before the date falling 26 months one year after the date Completion Date or, in the case of claims arising under the Warranties contained in paragraph 22 of Schedule 3, four years from the Completion Date or, in respect the case of any other matters claims arising under the Warranties contained in paragraphs 23 to 36 of Schedule 3, seven years from the Completion Date. PROVIDED that the liability of the Sellers and/or the Covenantors GEC under this sub-paragraph shall absolutely determine (if such claim has not been previously satisfied, settled or withdrawn) if legal proceedings in respect of such claim shall not have been commenced within six months of the service of such notice and for this purpose proceedings shall not be deemed to have been commenced unless they shall have been properly issued and validly served upon any of the Sellers and/or the CovenantorsGEC.