Time Period for Claims. No Indemnified Party shall be entitled to make any claim for indemnification for the inaccuracy of any representation or warranty unless such claim shall have been made in writing no later than fifteen (15) months after the Effective Date, except that (i) a claim for the inaccuracy of a Fundamental Representation or any representation relating to Tax matters (including the representations made in Section 3.2(k)), may be made at any time until thirty (30) days following the expiration of the applicable statute of limitations relevant to such representation, (ii) a claim regarding any representation relating to environmental matters (including the representations made in Section 3.2(n)) may be made up to three (3) years after the Effective Date and (iii) a claim regarding any representation relating to the Cash Grant (including the representations made in Section 3.2(ii)) may be made at any time until thirty (30) days following the earlier of (A) the receipt of the Cash Grant by the Project Entities, or (B) final written confirmation from the U.S. Department of Treasury of the full approved amount of the Cash Grant.
Time Period for Claims. The Purchaser is not liable to make any payment (whether by way of damages or otherwise) for any Purchaser Breach of this Agreement unless notice of a Claim against the Purchaser is given by the Seller to the Purchaser (setting out full details, including details of the facts, matters and circumstance giving rise to the breach, the nature of the breach and the Seller's estimate of the Loss suffered) before the date that is 2years after the Completion Date;
Time Period for Claims. No Indemnified Party shall be entitled to make any claim for indemnification for the inaccuracy of any representation or warranty unless such claim shall have been made in writing [*], except that (i) a claim for the inaccuracy of a Fundamental Representation or any representation relating to Tax matters (including the representations made in Section 3.2(k)), may be made [*], (ii) a claim regarding any representation relating to environmental matters (including the representations made in Section 3.2(n)) may be made [*] and (iii) a claim regarding any representation relating to the Cash Grant (including the representations made in Section 3.2(ii)) may be made [*].
Time Period for Claims. Notwithstanding anything to the contrary in this Agreement, the Local Asset Sale Agreements and the License Agreement with respect to the Designated Sellers’ representations and warranties contained in Article 4 and Schedule 4.3 and Schedule 7 of this Agreement or any such agreements, the Seller and the other Designated Sellers shall have no liability with respect to such representations and warranties and the Purchaser and the other Designated Purchaser will not be entitled to recover any indemnification for any Losses arising from the breach by the Seller or any of the other Designated Sellers of any representation or warranty made by the Seller or any of the other Designated Sellers in this Agreement, the License Agreement or any Local Asset Sale Agreement, unless written notice of a claim for Losses (given in good faith and specifying, in reasonable detail, the nature thereof) is delivered to the Seller before end of the eighteenth month after the Closing Date. For the avoidance of doubt, the provisions of this Section 9.2.2 shall not apply to the claims made by either Party in connection with Losses other than those specifically referred to in the preceding paragraph. Claims under Article 8 shall be validly made by either Party until the expiration of the applicable statutes of limitation (including extensions) plus three months.
Time Period for Claims. Except in the case of Fundamental Claims or IP Claims, the period during which claims for Indemnifiable Damages may be made (the “Claims Period”) against the Holdback Fund for Indemnifiable Damages shall commence at the Closing and terminate (a) with respect to the Non-Founder Sellers, on the Non-Founder Seller Holdback Release Date and (b) with respect to the Founder Sellers, on the Founder Sellers Holdback Release Date (each, a “Holdback Period”). The Claims Period for Indemnifiable Damages to the extent resulting from Fundamental Claims shall commence at the Closing and terminate upon the expiration of the applicable statute of limitations. The Claims Period for Indemnifiable Damages to the extent resulting from IP Claims shall commence at the Closing and terminate upon the date that is thirty-six (36) months after the Closing Date. Notwithstanding anything contained herein to the contrary, such portion of the Holdback Fund as in the reasonable judgment of Buyer (acting in good faith and based on facts and circumstances existing at the time) is necessary to satisfy any unresolved or unsatisfied claims for Indemnifiable Damages specified in any Claim Certificate delivered to the Seller’s Representative prior to the expiration of the applicable Holdback Period shall remain in the Holdback Fund until such claims for Indemnifiable Damages have been resolved or satisfied, following which such amounts will be released and distributed in accordance with Section 9.1(b). The availability of the Holdback Fund to indemnify the Indemnified Persons will be determined without regard to any right to indemnification that any Indemnifying Party may have in his or her capacity as an officer, director, employee, or agent of the Company and no such Indemnifying Party will be entitled to any indemnification from the Company, the Company or the US Subsidiary for amounts paid for indemnification under this ARTICLE 9; provided, however, that the parties agree that the provisions set forth in this Section 9.4 shall in no way be interpreted to invalidate, or otherwise impair, the rights of any Company director or officer to seek indemnification pursuant to the terms set forth in Section 6.14 hereof, other than to the extent in derogation of such Indemnifying Parties indemnity obligations to the Indemnified Persons under this ARTICLE 9.
Time Period for Claims. The indemnity provided in Section 20(a) shall be limited in time, in that no party may assert a claim in respect of such indemnity at any time after one (1) year after the Closing Date.
Time Period for Claims. Any PRE by the Contractor for adjustment under this Article
Time Period for Claims. No Buyer Indemnified Party is entitled to make any claim for indemnification under this Agreement after the appropriate Claims Period (as defined in this Agreement); provided, however, that if prior to the close of business on the last day of the Claims Period any of the Sellers has been notified of a claim for indemnity under this Agreement and such claim has not been finally resolved or disposed of at such date, the basis for such claim shall continue to survive with respect to such claim and shall remain a basis for indemnity under this Agreement with respect to such claim until such claim is finally resolved or disposed of in accordance with the terms of this Agreement; provided, further, however, that the Buyer Indemnified Party and Sellers shall be obligated under this Agreement to exercise reasonable efforts to resolve any such claim as quickly as is reasonably practicable.
Time Period for Claims. 22 Class Members will have ninety (90) days from the date the Class Notice is disseminated 23 as set forth in Section IV below to claim a Settlement Benefit.
Time Period for Claims. Any claim which either party may have against the other for default in performance of any of the obligations herein contained to be kept and performed by the other shall be deemed waived unless such claim is asserted by written notice thereof to the defaulting party within twelve (12) months after the date on which the non-defaulting party had actual knowledge of the alleged default, and unless suit be brought thereon within the applicable statute of limitations time period subsequent to the accrual of such cause of action.
