Contractual Statute of Limitations. No demand for mediation or arbitration or cause of action which arose out of an event or events which occurred more than two (2) years prior to the filing of a demand for mediation or arbitration or suit alleging a claim or cause of action may be asserted by either Party against the other.
Contractual Statute of Limitations. To the extent permitted by applicable law, Grantor hereby agrees that any claim or cause of action by Grantor against Beneficiary, or any of Beneficiary’s directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Beneficiary or by Beneficiary’s directors, officers, employees, agents, accountants or attorneys, whether sounding in contract or in tort or otherwise, shall be barred unless asserted by Grantor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Grantor first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Beneficiary or any other person authorized to accept service of process on behalf of Beneficiary, within thirty (30) days thereafter. Grantor agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, tolled or extended except by the specific written agreement of Beneficiary. This provision shall survive any termination of this Deed of Trust or any of the other Loan Documents.
Contractual Statute of Limitations. Any claim brought against any Director, the Adviser or any Sub-Adviser, the Fund or any related party that arises out of or is connected with or related to the Fund or such party's involvement with the Fund or its business affairs in any way, including any claim resulting from or relating to the offer or sale of the Interests shall, unless otherwise previously barred by any provision of law, be barred unless such claim is initiated within one year of the discovery of the event which is the subject of such claim or within one year of the date that such event reasonably should have been discovered (whichever is sooner).
Contractual Statute of Limitations. No claim and demand for ---------------------------------- arbitration or cause of action which arose out of an event or events which occurred more than two years prior to the filing of a demand for arbitration or suit alleging a claim or cause of action may be asserted by either party against the other party.
Contractual Statute of Limitations. No claim and demand for arbitration or cause of action which arose out of an event or events which occurred more than two (2) years prior to the filing of a demand for arbitration or suit alleging a claim or cause of action may be asserted by either party against the other party; provided, however, that the foregoing contractual statute of limitations shall not apply to any unknown claims or causes of action which are not discovered until the expiration of more than two (2) years from the date on which such event or events occurred. Each of those claims shall be subject to the then applicable statute of limitations.
Contractual Statute of Limitations. Except for actions for nonpayment or breach of Contractor’s proprietary rights by the Customer, no action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after the last day of the Term.
Contractual Statute of Limitations. Borrower agrees that any claim or cause of action by Borrower or anyone claiming by, through or under Borrower against Lender, or any of Lender’s directors, officers, employees, agents, accountants or attorneys, in connection with, arising out of, or in any way related to, the Loan, the Property, this Agreement, any of the other Loan Documents, or any of the transactions contemplated by this Agreement or the other Loan Documents, whether sounding in contract or in tort or otherwise, shall be barred unless asserted by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after Borrower first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender or any other person authorized to accept service of process on behalf of Lender, within thirty (30) days thereafter. Borrower agrees that such one-year period of time is reasonable and sufficient time to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled or extended except by the specific written agreement of Lender. This provision shall survive any termination of this Agreement or any of the other Loan Documents.
Contractual Statute of Limitations. Mortgagor hereby agrees that any claim or cause of action by Mortgagor against Mortgagee, or any of Mortgagee's directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Mortgagee or by Mortgagee's directors, officers, employees, agents, accountants or attorneys, whether sounding in contract or in tort or otherwise, shall be barred unless asserted by Mortgagor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Mortgagor first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Mortgagee or any other person authorized to accept service of process on behalf of Mortgagee, within thirty (30) days thereafter. Mortgagor agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, tolled or extended except by the specific written agreement of Mortgagee. This provision shall survive any termination of this Mortgage or any of the other Loan Documents.
Contractual Statute of Limitations. In no event may any action for any reason be commenced against (i) Seller by Buyer, Buyer's assignee, or any successor in interest or (ii) Buyer by Seller, Seller's assignee, or any successor in interest, more than eighteen (18) months after the Closing Date, and Buyer and Seller on behalf of themselves, their assignees, successors and assigns hereby waive any and all rights to recover any money from the other for any reason, unless action thereon is commenced within said eighteen (18) month period following the Closing Date. This "sunset" provision shall apply to any action brought against Seller including, but not limited to actions based on Environmental Materials or Seller's representations.
Contractual Statute of Limitations. The survival periods set forth above in this Section 7.03 constitute an express contractual agreement among the parties hereto to shorten or extend, as applicable, the statutes of limitation that would otherwise be applicable to the assertion of any claim for the breach of or inaccuracy in any Seller Representation and Warranty or any Buyer Representation and Warranty, as applicable. Any claim for the breach of or inaccuracy in any Seller Representation and Warranty or any Buyer Representation and Warranty that is not timely asserted prior to the applicable survival period set forth above in this Section 7.03 may not be asserted thereafter and shall be forever barred.
