Limitation on Claims. No claim seeking an adjustment in the billing for any service, transaction, or charge under this Agreement, including any of the appendices, schedules or attachments to this Agreement, may be asserted with respect to a week or month, if more than one year has elapsed
(a) since the first date upon which an invoice was rendered for that week or month, or (b) since the date upon which a changed or modified invoice was rendered for that week or month. The Party responsible for issuing an invoice may not, of its own initiative, issue a changed or modified invoice if more than one year has elapsed since the first date upon which an invoice was rendered for a week or month. A changed or modified invoice may be issued more than one year after the first date upon which an invoice was rendered for a week or month in order to correct for or address a timely-raised claim seeking an adjustment in the billing for any service, transaction, or charge under this Agreement.
Limitation on Claims. Any claims against Siemens shall be brought no later than 12 months after the event giving rise to the respective claim. Thereafter all claims arising out of that event against Siemens shall be barred.
Limitation on Claims. Neither Party shall make any Claim against the other in respect of the neglect or default of that Party under the Agreement unless:
(a) notice of the Claim has been given to the other within twelve (12) Months of the occurrence of the event or circumstance out of which such Claim arises; and
(b) the amount of the Claim exceeds ONE HUNDRED THOUSAND DOLLARS ($100,000.00) in respect of any one event or cause of action or series of related events or causes of action (provided that if this condition is satisfied then the Party may proceed for the full amount of the Claim and is not limited to only so much of the Claim as exceeds the required threshold of ONE HUNDRED THOUSAND DOLLARS ($100,000.00)).
Limitation on Claims. Notwithstanding any provision of this Agreement to the contrary, no Seller shall have any liability to Buyer or any of its affiliates, with respect to any Claims based on Known Matters of which Buyer has actual knowledge or written notice prior to the Effective Date. If Buyer first obtains actual knowledge or written notice of Known Matters after the Effective Date but prior to Closing, and nevertheless proceeds to Closing despite the ability to terminate this Agreement pursuant to the terms of this Agreement, Buyer agrees that Sellers shall have no liability to Buyer or any of its affiliates with respect to any Claims relating to such Known Matters. If Buyer discovers a breach of any representations, warranties or covenants of Sellers, the Sellers shall not be liable, individually or collectively, in connection therewith, unless and until (in addition to the other limitations set forth in Section 9.3 or in this Section 9.4) the total of all Claims for indemnity or damages with respect to any such breach is reasonably estimated to exceed Two Hundred Thousand and NO/100 Dollars ($200,000.00) in the aggregate (the “Deductible”); provided, however, if such Claims and liabilities exceed the Deductible, then Sellers shall be liable for all such Claims and liabilities, including the amount of the Deductible, but subject to the Seller Liability Cap (defined below). Known Matters of which Buyer is actually aware or of which it has received written notice prior to the Effective Date (in the event Buyer elects to not proceed to Closing due to a breach by Seller) or prior to or as of the Closing Date (in the event Buyer elects to close notwithstanding such Seller breach despite the ability to terminate this Agreement pursuant to the terms of this Agreement as a result of such Seller breach) shall not form the basis of a Claim and shall not be counted in determining whether the Deductible has been reached. In no event shall any party be liable to any other party or any of its affiliates, designees, successors or assigns for indirect, special, speculative or punitive damages arising out of or in connection with this Agreement. Further, Buyer acknowledges and agrees that Sellers’ total liability, in the aggregate, under this Section 9.4 shall not exceed Ten Million and NO/100 Dollars ($10,000,000.00) (the “Seller Liability Cap”). Notwithstanding the foregoing, in no event shall (a) the Deductible or the Seller Liability Cap apply to any post-Closing adjustments pursuant...
Limitation on Claims. Any claim or controversy otherwise arbitrable hereunder shall be deemed waived, and no such claim or controversy shall be made or raised, unless a request for arbitration thereof has been given as provided below to the other party in writing not later than six months after the date on which the facts giving rise to the claim or controversy first arose.
Limitation on Claims. 8.4.1 Neither party shall be liable, in respect of any breach of this Agreement, under the indemnities specified in Clause 8.3:
(a) unless notice of such breach is given by or on behalf of the claimant to the respondent setting out detailed particulars of the grounds on which the relevant claim is based within 6 months after the facts giving rise to such claim first became known by the claimant;
(b) arising from any single occurrence or circumstance (or connected series of occurrences or circumstances) if the amount of the relevant claim does not exceed:
(i) in the case of a claim against the Depot Facility Owner, the amount specified in paragraph 1 of Schedule 17; and
(ii) in the case of a claim against the Beneficiary, the amount specified in paragraph 2 of Schedule 17;
(c) unless the aggregate amount of all claims for which the respondent would otherwise be liable to the claimant exceeds:
(i) in the case of a claim against the Depot Facility Owner the amount specified in paragraph 3 of Schedule 17; and
(ii) in the case of a claim against the Beneficiary, the amount specified in paragraph 4 of Schedule 17; in any Accounting Year, in which case the liability of the respondent to the claimant shall be limited to the amount of the excess over those amounts respectively;
(d) arising from a single occurrence or circumstance (or connected series of occurrences or circumstances) to the extent that the amount of the relevant claim exceeds:
(i) in the case of a claim against the Depot Facility Owner, the amount specified in paragraph 5 of Schedule 17; and
(ii) in the case of a claim against the Beneficiary, the amount specified in paragraph 6 of Schedule 17, provided that Clause 8.4.1(d) shall not apply to any liability in respect of physical damage to property;
(e) in respect of any incidence of delay to a train operated by or on behalf of the Beneficiary, the Depot Facility Owner or any other User under a Depot Access Agreement, provided that Clause 8.4.1 shall not apply to any liability in respect of death or injury to persons caused by negligence.
8.4.2 The Beneficiary shall not be liable under the indemnity specified in Clause 8.3.2:
(a) in respect of any incidence of delay to a train operated by or on behalf of a Relevant Operator; or
(b) for any liquidated damages which the Depot Facility Owner shall have been required to pay any other User under a Depot Access Agreement.
8.4.3 The Depot Facility Owner shall not be liable under the indemnity specified in C...
Limitation on Claims. Except for actions for nonpayment, breach of Section 9 “Intellectual Property Rights”, or breach of Section 10 “Protection of Confidential Information”, no action, regardless of form, arising out of or relating to the Agreement may be brought by either Party more than two (2) years after the cause of action has accrued.
Limitation on Claims. No claim may be made by the Participant, the Employer or the Program Sponsor against the Custodian for any lost profits or any special, indirect or consequential damages in respect of any breach or wrongful conduct in any way related to this Agreement.
Limitation on Claims. Any claim for indemnification under this Agreement must be made prior to the earlier of: (a) two years after the Party claiming indemnification becomes aware of the event for which indemnification is claimed, or (b) seven years after the earlier of the termination of this Agreement or the expiration of the term of this Agreement.
Limitation on Claims against ISRG
