Timing of Claims. Client agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Timing of Claims. Clients may attempt to include provisions that modify the timing of the filing of a claim or change the limits on how long you are exposed to liability on your project. Consult your attorney.
Timing of Claims. To the extent that notice of an indemnity claim under Article X or for a breach of a representation or warranty is properly given prior to the expiration time specified herein (if any), such indemnity claim or claim for breach of representation or warranty shall survive the time at which it would otherwise expire pursuant to this Article IX solely with respect to the matter in such notice until finally resolved in accordance with this Agreement.
Timing of Claims. Until the Closing, Purchaser shall not be entitled to make any claims in respect of Warranty breaches.
1. The Purchaser is validly incorporated, in existence and duly registered under the laws of its jurisdiction and has full power to conduct its business as conducted at the date of this Agreement.
2. The Purchaser has obtained all corporate authorisations and (other than to the extent relevant to the Conditions) all other governmental, statutory, regulatory or other consents, licences and authorisations required to empower it to enter into and perform its obligations under this Agreement where failure to obtain them would materially and adversely affect to a material extent its ability to enter into and perform its obligations under this Agreement.
3. Entry into and performance by each member of the Purchaser Group of this Agreement and/or any other Transaction Document to which it is a party will not: (i) breach any provision of its Constitutional Documents; or (ii) (subject, where applicable, to fulfilment of the Conditions) result in a breach of any laws or regulations in its jurisdiction of incorporation or of any order, decree or judgment of any court or any governmental or regulatory authority, where any such breach would adversely affect to a material extent its ability to enter into or perform its obligations under this Agreement and/or any Transaction Document to which it is a party.
4. Neither the Purchaser nor any member of the Purchaser Group which is a party to any Transaction Document is insolvent or bankrupt under the laws of its jurisdiction of incorporation, unable to pay its debts as they fall due or has proposed or is liable to any arrangement (whether by court process or otherwise) under which its creditors (or any group of them) would receive less than the amounts due to them. There are no proceedings in relation to any compromise or arrangement with creditors or any winding up, bankruptcy or insolvency proceedings concerning the Purchaser or any of its Affiliates and no events have occurred which would justify such proceedings. No steps have been taken to enforce any security over any assets of the Purchaser or any of its Affiliates and no event has occurred to give the right to enforce such security.
5. At Closing, the Purchaser will have sufficient funds to meet its payment obligations under this Agreement, in particular to pay the Purchase Price and the Financial Indebtedness.
6. So far as the Purchaser is aware, neither the Purch...
Timing of Claims. You agree that, regardless of any statute or law to the contrary, the dispute resolution process identified in Section 16 applicable to any claim, dispute or controversy arising out of or related to the Agreement must be commenced within one year after such claim or cause of action arose or be forever barred; provided that this section shall not in any way limit the time in which claims for infringement or misappropriation of intellectual property rights may be brought.
Timing of Claims. Advertiser agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose or be forever barred, provided that, this section shall not in any way limit the time in which claims for infringement or misappropriation of intellectual property rights may be brought.
Timing of Claims. Claims for alleged overcharge or undercharge shall be filed with the appropriate party within one (1) year of the date of 3FPL’s invoice. Claims against 3FPL by Shipper for damages arising under this Agreement shall be filed within nine (9) months from the incident giving rise to such claim. Claims by either party beyond such date shall be deemed invalid.
Timing of Claims. All suits or other actions against Despatch claiming breach of warranty or other contract and/or violations of other legal duties owed by Despatch to Buyer must be commenced within 366 days after such action has occurred, or be forever barred.
Timing of Claims. Any claim for indemnity hereunder shall (if not previously satisfied, settled or withdrawn) be deemed to have been withdrawn by the Indemnified Party making such claim unless legal proceedings (including without limitation arbitration) or active settlement discussions in respect of such claim have been commenced in accordance with the terms of this Agreement within twelve (12) months of notification to the Indemnifying Party; provided that the foregoing shall not limit a claim for indemnity related to a Third Party Claim or a claim made to receive proceeds from the R&W Insurance Policy, for which, as of the end of such twelve (12) month period, the Indemnified Party is engaged in active settlement discussions or any other proceedings with the third party or any insurer with respect to such Third Party Claim or the R&W Insurance Policy.
Timing of Claims. The Primary Mortgage Lender shall submit any valid claims it may have under a Guarantee Cover on a quarterly basis, with the claim periods ending on the last day of each calendar quarter (i.e., March 31, June 30, September 30, and December 31).
