Common use of Limitation on Actions Clause in Contracts

Limitation on Actions. Except with respect to any indemnification obligations in Article 9, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 17, above, arising out of the Contract must be commenced within three (3) years after the cause of action has accrued. The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins,

Appears in 5 contracts

Samples: Nations Development Programme, www.unv.org, Nations Development Programme

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Limitation on Actions. Except with respect to any indemnification obligations in Article 97, above, or as are otherwise set forth in the Individual Contract, any arbitral proceedings in accordance with Article 17, 17 above, arising out of the Individual Contract must be commenced within three (3) years after the cause of action has accrued. The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Individual Contract, the cause of action accrues when such time of future performance actually begins,.

Appears in 4 contracts

Samples: Long Term Agreement, ciudaddelsaber.org, Long Term Agreement

Limitation on Actions. Except with respect to any indemnification obligations in Article 912, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 1723.2, above, arising out of the Contract must be commenced within three (3) years after the cause of action has accrued. The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins,.

Appears in 2 contracts

Samples: General Terms and Conditions, Eneral T Erms and Conditions

Limitation on Actions. Except with respect to any indemnification obligations in Article 98, above, above or as are otherwise set forth in the Contract, any conciliation/arbitral proceedings in accordance with Article 1718, above, arising out of the Contract must be commenced within three twelve (312) years months after the cause of action has accrued. The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins,.

Appears in 1 contract

Samples: darpe.me

Limitation on Actions. Except with respect to any indemnification obligations in Article 97, above, or as are otherwise set forth in the Individual Contract, any arbitral proceedings in accordance with Article 17, 17 above, arising out of the Individual Contract must be commenced within three (3) years after the cause of action has h as accrued. The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and systemand the discovery of the breach consequently must await the time t ime when such goods or other process or system is ready to perform in accordance with the requirements of the Individual Contract, the cause of action accrues when such time of future performance actually begins,.

Appears in 1 contract

Samples: procurement-notices.undp.org

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Limitation on Actions. Except with respect to any indemnification obligations in Article 91411, above, or as are otherwise set forth in the Contractthis Agreement, any arbitral proceedings in accordance with Article 1716.212, above, arising out of the Contract this Agreement must be commenced within three (3) years after the cause of action has accrued. The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contractthis Agreement, the cause of action accrues when such time of future performance actually begins,.

Appears in 1 contract

Samples: popp.undp.org

Limitation on Actions. 28.1 Except with respect to any indemnification obligations in Article 912, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 1723.2, above, arising out of the Contract must be commenced within three (3) years after the cause of action has accrued. 28.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins,. 28.

Appears in 1 contract

Samples: procurement-notices.undp.org

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