Limitation Periods Clause Samples

Limitation Periods. For statutes of limitation or repose purposes, any and all CLIENT claims shall be deemed to have accrued no later than the date of substantial completion of J-U-B’s Services. For any action arising out of or relating to this Agreement, the Services, or the Project, each party shall bear its own attorneys fees and costs.

Limitation Periods. Any Arbitration Demand Notice may be given until the date that is two years after the later of the occurrence of the act or event giving rise to the underlying claim or the date on which such act or event was, or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may in a particular case be specifically extended by the parties in writing, the “Applicable Deadline”). Any discussions, negotiations or mediations between the parties pursuant to this Agreement or otherwise will not toll the Applicable Deadline unless expressly agreed in writing by the parties. Each of the parties agrees on behalf of itself and each member of its Group that if an Arbitration Demand Notice with respect to a dispute, controversy or claim is not given prior to the occurrence of the Applicable Deadline, as between or among the parties and the members of their Groups, such dispute, controversy or claim will be barred. Subject to Section 3.08, upon delivery of an Arbitration Demand Notice pursuant to Section 3.03(a) prior to the Applicable Deadline, the dispute, controversy or claim, and all substantive and procedural issues related thereto, shall be decided by a three member panel of arbitrators in accordance with this Article III.

Limitation Periods. 1. In the event that no other arrangement has been agreed to, the limitation period for warranty claims shall be 36 months from transfer of risks. 2. Claims to payment on the part of the Supplier shall be barred by limitation after one year. This period of limitation shall also apply to other claims on the part of the Supplier.

Limitation Periods. Where permitted by provincial or territorial law, the limitation period for this Agreement is extended to six years.

Limitation Periods. Any failure to issue any proceeding within a period of limitation.

Limitation Periods. Except as may be expressly provided in any Other Agreement to which this Article VI is applicable (an “Applicable Other Agreement”), any Arbitration Demand Notice may be given until the date that is two years after the later of the occurrence of the act or event giving rise to the underlying claim or the date on which such act or event was, or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may in a particular case be specifically extended by the parties in writing, the “Applicable Deadline”). Any discussions, negotiations or mediations between the parties pursuant to this Agreement or otherwise will not toll the Applicable Deadline unless expressly agreed in writing by the parties. Each of the parties agrees on behalf of itself and each member of its Group that if an Arbitration Demand Notice with respect to a dispute, controversy or claim is not given prior to the occurrence of the Applicable Deadline, as between or among the parties and the members of their Groups, such dispute, controversy or claim will be barred. Subject to Section 6.09, upon delivery of an Arbitration Demand Notice pursuant to Section 6.03(a) prior to the Applicable Deadline, the dispute, controversy or claim, and all substantive and procedural issues related thereto, shall be decided by a three member panel of arbitrators in accordance with this Article VI.

Limitation Periods. (a) Subject to Section 8.5 (b), all claims of Purchaser under any representation of Sellers in Section 5 or any covenant in Section 7.1 shall be time-barred (verjähren) upon expiration of a period of two years after the Closing Date. (b) All claims of Purchaser under any representation contained in Sections 5.1 through 5.3 shall be time-barred upon expiration of a period of ten years after the Closing Date. (c) Any claims of Sellers or Purchaser under Section 9 other than Sections 9.4 (b) and (c) shall be time-barred upon expiration of a period of twelve months after the respective Tax or Tax Refund has become binding and non-appealable and, in the case of Section 9.5 (a) or (b), has been notified in writing to Sellers in accordance with Section 9.5 (c). (d) Any claims of Purchaser under Section 10.3 (a), (c) and (d) (ii) shall be time-barred upon expiration of a period of seven years after the Closing Date. Any claims of Purchaser under Section 10.3 (b), (d) (i), (e) and (f) shall be time-barred upon expiration of a period of 20 years after the Closing Date. (e) Any claims of the Purchaser for indemnification under Section 11 shall be time-barred in accordance with statutory law (Sections 195, 199 of the German Civil Code), except that any claims under Sections 11.2 (a) and 11.3 shall be time-barred upon the expiration of a period of 20 years after the Closing Date. (f) Sellers’ claims under Section 10.7 (b) shall be time-barred upon the expiration of a period of 20 years after the Closing Date. (g) All other covenants shall be time-barred in accordance with their respective terms, and all other agreements and indemnities contained herein shall be time-barred in accordance with applicable law. (h) Any limitation period pursuant to this Agreement shall be suspended (gehemmt) in the event that a written demand is sent to the other Party stating a claim within the applicable limitation period (Section 203 of the German Civil Code), provided that a statement of claim is filed with the competent court within 6 months thereafter or within the applicable limitation period specified herein. In case of an interruption (Neubeginn), the new limitation period (Section 212 of the German Civil Code) shall be the longer of six months or the remainder of the initial limitation period.

Limitation Periods. To the extent that any limitation period applies to any claim for payment of obligations or remedy for enforcement of obligations under any Loan Document, the Obligors agree that: (a) any limitation period is expressly excluded and waived entirely if permitted by Applicable Law; (b) if a complete exclusion and waiver of any limitation period is not permitted by Applicable Law, any limitation period is extended to the maximum length permitted by Applicable Law; (c) any limitation period applying to a Loan Document expressed to be payable on demand shall not begin before an express demand for payment of the relevant obligations is made in writing by the Agent to the relevant Obligor; (d) any applicable limitation period shall begin afresh upon any payment or other acknowledgment by any Obligor of its relevant obligations; and (e) each Loan Document is a “business agreement” as defined in the Limitations Act, 2002 (Ontario) if that Act applies to it.

Limitation Periods. 5.1 Nothing in this Agreement shall have the effect of extending any limitation period set out in, or applicable to, the Novated Contract and nothing in this Agreement shall operate to enable any claims to be brought against Incoming Party whether in tort, contract or otherwise which, but for this Agreement, would be statute barred if made against Outgoing Party.