Limitation on Action. Any action against Accurate Serve concerning any rate, charge, claim or service relating to this Agreement shall be commenced within six (6) months after the invoice date of the rate, charge or service at issue. Failure to commence an action within this period shall constitute Customer’s complete and final acceptance and satisfaction of services, and Customer waives any right or demand to contest the charges or services.
Limitation on Action. No action at law or in equity shall be brought by Buyer against GENTECH unless it is commenced within one (1) year from the date of delivery of the Equipment by GENTECH to Buyer or from the date any alleged claim accrued, whichever is earlier.
Limitation on Action. No action at law or in equity shall be brought by Buyer against XXXXX unless it is commenced within one (1) year from the date of delivery of the Equipment by XXXXX to Buyer or from the date any alleged claim accrued, whichever is earlier.
Limitation on Action. No action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action has arisen, with exception of any violation of COURTALERT’s proprietary rights.
Limitation on Action. The rights to and limitations on action against Hilton set forth in Article 5 shall also apply to any action against Park Place for the enforcement of the Park Place Payment Obligations; without limiting the generality of the foregoing, the Trustee shall be permitted to pursue a remedy against Park Place for collection of the Park Place Payment Obligations only under such circumstances as would enable the Trustee under Article 5 to pursue such remedy against Hilton."
Limitation on Action. No holder of Class A Shares will have the right, other than through the Trustee, to institute any action or proceeding or to exercise any other remedy for the purpose of enforcing any rights arising from this Agreement unless holders of Class A Shares have requested in the manner specified in section 3.5 below that the Trustee act and have provided reasonable funds and indemnities to the Trustee and the Trustee has failed to so act within 30 days after the provision of such funds and indemnities. In such case, any holder of Class A Shares acting on its own behalf and on behalf of all other holders of Class A Shares will be entitled to initiate whatever proceedings that the Trustee would have been entitled to initiate in any court of competent jurisdiction. The Manager will do all things reasonably within its control to facilitate the due performance of this Agreement including the fulfilment by the Class B Shareholder of its obligations hereunder.
Limitation on Action. Any claims, suits or defenses to any action brought by Member which may arise out of this Agreement or out of the parties performances hereunder, or for the loss or damage to stored property shall be barred unless commenced by Member within one year after the date of the acts, omissions or alleged negligence giving rise to such claim, suit or defenses.
Limitation on Action. Any action or suit against Macrodyne arising in any way from this contract must be commenced within one (1) year after the cause of action has occurred.
Limitation on Action. Except for any breach of Customer’s payment obligations or any unauthorized use of Provider’s Intellectual Property Rights, any and all claims arising from or in connection with any breach of this Agreement must be brought [*****] or such [*****] as required by mandatory applicable law, from the date of discovery of such breach.
Limitation on Action. The Agent shall not be required to take any action to enforce the Security Instruments or to realize upon any Collateral, unless the Majority Banks shall have so requested in writing to the Agent. Upon receipt of such written request the Agent shall (i) notify all the other Banks thereof in writing or by telecopy or telex, and (ii) take such action as may be lawfully available to it under the Security Instruments or with respect to any Collateral; provided that, the Agent shall be fully justified in failing or refusing to take any such action unless it shall first be indemnified to its satisfaction by the Banks requesting or acquiescing in any such action for any liability and expense which might result from such action. If any indemnity furnished to the Agent shall become impaired, the Agent may call for additional indemnity and cease to do the acts indemnified against until such additional indemnity is given.
