Common use of Survival; Claims Period Clause in Contracts

Survival; Claims Period. No claim for indemnification may be asserted hereunder unless the party seeking indemnification gives the other party or parties notice of such claim before the end of the applicable Survival Period (as hereinafter defined); provided that where notice of such claim has been timely given, such claim shall survive the expiration of the Survival Period.

Survival; Claims Period. No Notwithstanding any other provision in this Agreement, no claim for indemnification or indemnified Loss may be asserted hereunder under this Agreement unless the party seeking indemnification gives the other party or parties notice of such claim before the end of the applicable Survival Period (as hereinafter defined)Period; provided provided, that where notice of such claim has been timely given, such claim shall will survive the expiration of the Survival Period.