Common use of LIMITATION OF ACTIONS AGAINST LANDLORD Clause in Contracts

LIMITATION OF ACTIONS AGAINST LANDLORD. Any claim or demand arising in tort or in contract against Landlord based upon or arising in connection with this Lease (except those arising in connection with Sections 10.3(b), 5.3(g) and 5.3(b) of this Lease) shall be barred unless Tenant commences an action thereon within twelve (12) months after the date that the occurrence of the act, omission, event or default upon which the claim, demand or right arises is discovered by Tenant. Nothing contained in this Section 14.9, however, shall extend the operation of any applicable statute of limitations binding on Tenant.

Appears in 2 contracts

Samples: Industrial Lease (Ithaka Acquisition Corp), Second Amendment to Lease (Alsius Corp)

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LIMITATION OF ACTIONS AGAINST LANDLORD. Any claim or demand arising in tort or in contract against Landlord based upon or arising in connection with this Lease (except those arising in connection with Sections 10.3(b), 5.3(g) and 5.3(b) of this Lease) shall be barred unless Tenant commences an action thereon within twelve (12) months after the date that the occurrence of the act, omission, event or default upon which the claim, demand or right arises is discovered by Tenant. Nothing contained in this Section 14.9, however, shall extend the operation of any applicable statute of limitations binding on Tenant.

Appears in 2 contracts

Samples: Industrial Lease (Minimed Inc), Industrial Lease (Minimed Inc)

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LIMITATION OF ACTIONS AGAINST LANDLORD. Any claim or demand arising in tort or in contract against Landlord based upon or arising in connection with this Lease (except those arising in connection with Sections 10.3(b), 5.3(g) and 5.3(b5.3(h) of this Lease) shall be barred unless Tenant commences an action thereon within twelve (12) months after the date that the occurrence of the act, omission, event or default upon which the claim, demand or right arises is discovered by Tenant. Nothing contained in this Section 14.9, however, shall extend the operation of any applicable statute of limitations binding on Tenant.

Appears in 1 contract

Samples: Industrial Lease (Emachines Inc /De/)

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