Commencement of Action. Any action or proceeding in respect of any matter arising under or in connection with Credits, the Applications or this Agreement may be brought by Applicant against the Bank within the time period specified in Section 5-115 of the Uniform Commercial Code.
Commencement of Action. In the event that at any time prior to the Closing, any notice of or proceeding shall be commenced or consummated for the taking of all or any part of the Property for public or quasi public use pursuant to the power of eminent domain or otherwise, Seller shall promptly give written notice thereof to Purchaser.
Commencement of Action. A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States dis- trict court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.
Commencement of Action. It is a condition of this Bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of : (1) the date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or, if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee.
Commencement of Action. Any action or suit relating to the Product or arising from this Warranty must be commenced within one (1) year after the cause of action accrues or it will be waived.
Commencement of Action. Any claim, demand, right or, xxxxxxx xx Xxxant that arises out of this Lease or the negotiations that preceded this Lease shall be barred unless Tenant commences an action thereon, or interposes a defense by reason thereof, within six (6) months after the date of the inaction, omission, event, or action that gave rise to such claim, demand, right or defense.
Commencement of Action. Any action of any kind by either party arising out of this Agreement must be commenced within two (2) years from the date the right, claim, demand, or cause of action shall first arise. This obligation shall survive the expiration or termination of this Agreement.
Commencement of Action. (a) Licensor represents and warrants that to the best of Licensor's knowledge no Person is Infringing any of the Intellectual Property as of the date of this Agreement.
Commencement of Action. Promptly after receipt by an Indemnified Party of notice of the commencement of any action, such Indemnified Party shall, if a claim in respect thereof is to be made against an Indemnifying Party under this section, notify the Indemnifying Party in writing of the commencement thereof, but the omission to notify the Indemnifying Party will not relieve the Indemnifying Party from any liability which it may have to any Indemnified Party otherwise than under the indemnity agreement contained in this section or to the extent it is not prejudiced as a proximate result of such failure. In case any such action is brought against any Indemnified Party and such Indemnified Party seeks or intends to seek indemnity from an Indemnifying Party, the Indemnifying Party will be entitled to participate in and, to the extent that it shall elect, jointly with all other Indemnifying Parties similarly notified, by written notice delivered to the Indemnified Party promptly after receiving the aforesaid notice from such Indemnified Party, to assume the defense thereof with counsel reasonably satisfactory to such Indemnified Party; provided, however, that if the defendants in any such action include both the Indemnified Party and the Indemnifying Party and the Indemnified Party shall have reasonably concluded (on the basis of the advice of counsel to it) that a conflict may arise between the positions of the Indemnifying Party and the Indemnified Party in conducting the defense of any such action or that there may be legal defenses available to it and/or other Indemnified Parties which are inconsistent with or additional to those available to the Indemnifying Party, the Indemnified Party or parties shall have the right to select separate counsel to assume such legal defenses and to otherwise participate in the defense of such action on behalf of such Indemnified Party or parties. Upon receipt of written notice from the Indemnifying Party to such Indemnified Party of such Indemnifying Party’s election so to assume the defense of such action and approval by the Indemnified Party of counsel, the Indemnifying Party will not be liable to such Indemnified Party under this section for any legal or other expenses subsequently incurred by such Indemnified Party in connection with the defense thereof unless: (i) the Indemnified Party shall have employed separate counsel in accordance with the proviso to the immediately preceding sentence (it being understood, however, that the Indemnifying ...
Commencement of Action. Any action of any kind by either Party arising out of this SAA must be commenced within two (2) years from the date the right, claim, demand, or cause of action shall first arise.
