Common use of Time for Claims Clause in Contracts

Time for Claims. Except in the case of any fraud or intentional misrepresentation by a Party: (a) the representations and warranties of the Parties contained in Section 12.1 (Representations and Warranties of Each Party), Section 12.2 (Representations and Warranties of Kiniksa), and Section 12.3 (Representations and Warranties of Partner) will survive until the date that is [***] months after the Effective Date, (b) no claim may be made or suit instituted alleging breach or seeking indemnification pursuant to Article 12 (Representations, Warranties, and Covenants) for any breach of, or inaccuracy in, any representation or warranty contained in Section 12.1 (Representations and Warranties of Each Party), Section 12.2 (Representations and Warranties of Kiniksa), and Section 12.3 (Representations and Warranties of Partner) unless a written notice is provided to the Indemnifying Party at any time prior to the date that is [***] months following the Effective date, and (c) after such [***] month period, no Party may bring any claim against the other Party arising from or relating to such other Party’s breach of such representations and warranties.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Kiniksa Pharmaceuticals, Ltd.), Collaboration and License Agreement (Kiniksa Pharmaceuticals, Ltd.)

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Time for Claims. Except in the case of any fraud or intentional misrepresentation by a Party: (a) the representations and warranties of the Parties contained in Section 12.1 (Representations and Warranties of Each Party), Section 12.2 (Representations and Warranties of KiniksaImmunoGen), and Section 12.3 (Representations and Warranties of Partner) will survive until the date that is [***] months after the Effective Date], (b) no claim may be made or suit instituted alleging breach or seeking indemnification pursuant to Article 12 (Representations, Warranties, and Covenants) for any breach of, or inaccuracy in, any representation or warranty contained in Section 12.1 (Representations and Warranties of Each Party), Section 12.2 (Representations and Warranties of KiniksaImmunoGen), and Section 12.3 (Representations and Warranties of Partner) unless a written notice is provided to the Indemnifying Party at any time prior to the date that is [***] months following the Effective date], and (c) after such [***] month period], no Party may bring any claim against the other Party arising from or relating to such other Party’s breach of such representations and warranties.. ​ 62 ​ Article 13

Appears in 1 contract

Samples: Collaboration and License Agreement (ImmunoGen, Inc.)

Time for Claims. Except in the case of any fraud or intentional misrepresentation by a Party: (a) the representations and warranties of the Parties contained in Section 12.1 (Representations and Warranties of Each Party), Section 12.2 (Representations and Warranties of KiniksaBlueprint), and Section 12.3 (Representations and Warranties of PartnerZai) will survive survive, with respect to direct claims made by one Party against the other Party, until the date that is [****] months after the Effective Date, and (b) no claim may be made or suit instituted alleging breach or seeking indemnification pursuant to Article 12 13 (Representations, Warranties, and CovenantsIndemnification) for any breach of, or inaccuracy in, any representation or warranty contained in Section 12.1 (Representations and Warranties of Each Party), Section 12.2 (Representations and Warranties of KiniksaBlueprint), and or Section 12.3 (Representations and Warranties of PartnerZai) unless a written notice is provided to the Indemnifying Party at any time prior to the date that is [***] months following the Effective date, and (c) after such [***] month period, no Party may bring any claim against the other Party arising from or relating to such other Party’s breach of such representations and warranties].

Appears in 1 contract

Samples: License and Collaboration Agreement (Zai Lab LTD)

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Time for Claims. Except in the case of any fraud fraud, claim for indemnification under Article 13 (Indemnification), or intentional misrepresentation by a Party: (a) the representations and warranties of the Parties contained in Section 12.1 (Representations and Warranties of Each Party), Section 12.2 (Representations and Warranties of KiniksaLicensor), and Section 12.3 (Representations and Warranties of PartnerLicensee) will survive until the date that is [***] months after the Effective Date, (b) no claim may be made or suit instituted by a Party alleging breach or seeking indemnification pursuant to Article 12 (Representations, Warranties, and Covenants) for any breach of, or inaccuracy in, any representation or warranty contained in Section 12.1 (Representations and Warranties of Each Party), Section 12.2 (Representations and Warranties of KiniksaLicensor), and Section 12.3 (Representations and Warranties of PartnerLicensee) unless a written notice is provided to the Indemnifying other Party at any time prior to the date that is [***] months following the Effective date, and (c) after such [***] month period, no Party may bring any claim against the other Party arising from or relating to such other Party’s breach of such representations and warranties.. ARTICLE 13 INDEMNIFICATION 13.1

Appears in 1 contract

Samples: License Agreement (Arcutis Biotherapeutics, Inc.)

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