Limitation on Franchise Fee Actions. The period of limitation for recovery of any Franchise fee payable hereunder shall be three (3) years from the date on which payment by Franchisee is due.
Limitation on Franchise Fee Actions. The parties agree that the period of limitation for recovery of any Franchise Fee payable hereunder shall be six (6) years from the date on which payment by Franchisee is due.
Limitation on Franchise Fee Actions. The period of limitation for recovery of any Franchise fee payable hereunder shall be five (5) years from the date on which payment by Franchisee is due.
Limitation on Franchise Fee Actions. The parties agree that the period of limitation for recovery of any Franchise Fee payable hereunder shall be forty-eight (48) months from the date on which the applicable payment by the Franchisee is due.
Limitation on Franchise Fee Actions. The period of limitation for recovery of any franchise fee payable hereunder shall be five years from the date on which payment by the grantee is due. Unless the franchising authority initiates a lawsuit for recovery of such franchise fees in a court of competent jurisdiction, within five years from and after such payment due date, such recovery shall be barred and the franchising authority shall be estopped from asserting any claims whatsoever against the grantee relating to any such alleged deficiencies. (Ord. 96-11-1 § 4.1).
Limitation on Franchise Fee Actions. The parties agree that the period of limitation for recovery of any Franchise Fee payable hereunder shall be six (6) years from the date on which payment by Franchisee is due, but cannot exceed the date of records retention reflected in Section 7. Unless agreed to in writing by the parties, the acceptance of any Franchise Fee payment shall not be construed as an accord and satisfaction that such payment is in fact the correct amount, nor shall such acceptance of payment be construed as a release or satisfaction of any claim the LFA may have for further or additional Franchise Fee sums payable under the provisions of this Franchise.
Limitation on Franchise Fee Actions. The parties agree that any action for recovery of any Franchise Fee payable hereunder shall be governed by 42 Pa. C.S. Section 5525. Franchisee shall maintain all records necessary to confirm the accurate payment of Franchise Fees for sixty (60) months following the close of the Franchisee’s fiscal year to which such audit relates or until the statute of limitations provided in 42 Pa. C.S. Section 5525 has run, whichever is longer, and during the pendency of any litigation or audit pertaining to the payment of the applicable Franchise Fees.
Limitation on Franchise Fee Actions. The period of limitation for recovery of any franchise fee payable hereunder shall be six (6) years from the date on which payment by the Grantee is due.
Limitation on Franchise Fee Actions. The period of limitation for recovery of any Franchise fee payable hereunder shall be four (4) years from the date on which payment by Franchisee is received by LFA (the “Limitations Period”). During any such four (4) year period, the Limitations Period shall be tolled beginning on the date that LFA mails written notice to Franchisee that LFA intends to conduct an inspection of the books and records of Franchisee as permitted by Article 9 herein to determine compliance with this Article 7, and ending on the date LFA asserts a claim as to any unpaid fees hereunder or provides notice that it does not intend to assert a claim, such claim to be asserted within twelve (12) months from the date of production of all the records reasonably requested; provided however, that the completion date for review may be extended by mutual agreement of LFA and Franchisee. The parties intend that the tolling of the Limitations Period is to allow LFA to complete its review in a timely and efficient manner and the parties do not intend for the Limitations Period to be unreasonably tolled. During the tolling period, Franchisee shall maintain its books and records related to the inspection of unpaid fees being conducted by LFA until final resolution of any claim asserted by LFA as a result of the inspection, notwithstanding the four (4) year provisions contained in Article 9 of this Franchise.
Limitation on Franchise Fee Actions. The period of limitation for recovery of any franchise fee payable hereunder shall be three years from the date on which payment by Cox is due.
