Common use of PERIOD OF LIMITATIONS Clause in Contracts

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 74 contracts

Samples: Indemnification Agreement (Zicix Corp), Indemnification Agreement (Zicix Corp), Indemnification Agreement (Atomic Studios, Inc.)

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PERIOD OF LIMITATIONS. No To the fullest extent permitted by law, no legal action shall be brought brought, and no cause of action shall be asserted asserted, by or on behalf of the Company or any Affiliate controlled affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate controlled affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 52 contracts

Samples: Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Office Properties Income Trust), Indemnification Agreement (Diversified Healthcare Trust)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of the Company its subsidiaries against Indemnitee, Indemnitee or Indemnitee’s spouseestate, spouses, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 34 contracts

Samples: Indemnification Agreement (Elicio Therapeutics, Inc.), Indemnification Agreement (Hyperfine, Inc.), Indemnification Agreement (Vicarious Surgical Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 33 contracts

Samples: Indemnification Agreement (B. Riley Financial, Inc.), Indemnification Agreement (Emerald Health Bioceuticals Inc.), Indemnification Agreement (Emerald Health Pharmaceuticals Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, action or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 30 contracts

Samples: Indemnification Agreement (Comscore, Inc.), Director and Officer Indemnification Agreement (Bespoke Capital Acquisition Corp), Indemnification Agreement (eHealth, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 24 contracts

Samples: Indemnification Agreement (Mti Technology Corp), Indemnification Agreement (Mti Technology Corp), Indemnification Agreement (Mti Technology Corp)

PERIOD OF LIMITATIONS. No legal action shall will be brought and no cause of action shall will be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee or Indemnitee's spouse, Indemnitee’s spousepersonal or legal representatives, executors, administrators, successors, heirs, executors, distributees or personal or legal representatives legatees after the expiration of two three (3) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall affiliates will be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such three (3) year period; provided, however, that if any shorter period of limitations limitation is otherwise applicable to any such cause of action, the such shorter period shall will govern.

Appears in 21 contracts

Samples: Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P)

PERIOD OF LIMITATIONS. No legal action shall will be brought and no cause of action shall will be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee or Indemnitee’s spouse, heirspersonal or legal representatives, executors, administrators, successors, heirs, distributees or personal or legal representatives legatees after the expiration of two three (3) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall affiliates will be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such three (3) year period; provided, however, that if any shorter period of limitations limitation is otherwise applicable to any such cause of action, the such shorter period shall will govern.

Appears in 19 contracts

Samples: Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of the Company an Indemnitor or any Affiliate affiliate of an Indemnitor against the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any claim or cause of action of the Company Indemnitor or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 19 contracts

Samples: Joint and Several Indemnity Agreement (Metro-Goldwyn-Mayer Inc), Joint and Several Indemnity Agreement (Metro-Goldwyn-Mayer Inc), Joint and Several Indemnity Agreement (Metro-Goldwyn-Mayer Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee or Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two three years from the date of accrual of such that cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such that three-year period; provided, however, that that, if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 14 contracts

Samples: Indemnification Agreement (Ir Biosciences Holdings Inc), Indemnification Agreement (Ir Biosciences Holdings Inc), Indemnification Agreement (Halsey J L Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 12 contracts

Samples: Indemnification Agreement (Covenant Logistics Group, Inc.), Indemnification Agreement (Fastclick Inc), Indemnification Agreement (Jamdat Mobile Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 11 contracts

Samples: Employment Agreement (Walt Disney Co), Employment Agreement (Walt Disney Co), Indemnification Agreement (Walt Disney Co)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of Bank against the Company against Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate Bank shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 10 contracts

Samples: Indemnification Agreement, Indemnification Agreement (North American Financial Holdings, Inc.), Indemnification Agreement (North American Financial Holdings, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 10 contracts

Samples: Indemnification Agreement (Vistagen Therapeutics, Inc.), Indemnification Agreement (VistaGen Therapeutics, Inc.), Indemnification Agreement (VistaGen Therapeutics, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemniteethe Director, Indemniteethe Director’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter short period shall govern.

Appears in 9 contracts

Samples: Indemnification Agreement (J. Alexander's Holdings, Inc.), Indemnification Agreement (J. Alexander's Holdings, Inc.), Indemnification Agreement (J. Alexander's Holdings, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 9 contracts

Samples: Indemnification Agreement (Mentor Corp /Mn/), Indemnification Agreement (Ecost Com Inc), Indemnification Agreement (Kratos Defense & Security Solutions, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of the Company its Subsidiaries against Indemnitee, Indemnitee or Indemnitee’s spouseestate, spouses, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or any of its Affiliate Subsidiaries shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 9 contracts

Samples: Director Indemnification Agreement (Warner Music Group Corp.), Director Indemnification Agreement (Sylvamo Corp), Director Indemnification Agreement (Jackson Financial Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted with respect to any dispute arising out of this Agreement by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 8 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Real Industry, Inc.), Indemnification Agreement (Fulgent Genetics, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, administrators or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such three-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern. 11.

Appears in 8 contracts

Samples: Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 8 contracts

Samples: Consulting Agreement (Bright Mountain Media, Inc.), Indemnification Agreement (Upland Software, Inc.), Indemnification Agreement (Greenwood Hall, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Corporation or any Affiliate affiliate of the Company Corporation against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company Corporation or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 8 contracts

Samples: Indemnification Agreement (Psychiatric Solutions Inc), Indemnification Agreement (Psychiatric Solutions Inc), Indemnification Agreement (Psychiatric Solutions Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate any affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 7 contracts

Samples: Indemnification Agreement (Collective Brands, Inc.), Indemnification Agreement (Collective Brands, Inc.), Indemnification Agreement (Collective Brands, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of the Company its Subsidiaries against Indemnitee, Indemnitee or Indemnitee’s spouseestate, spouses, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 7 contracts

Samples: Indemnification Agreement (Servicemaster Global Holdings Inc), Form of Indemnification Agreement (Frontdoor, Inc.), Form of Indemnification Agreement (AHS Holding Company, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted (including causes of action accruing prior to the date of this Agreement) by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 7 contracts

Samples: Indemnity Agreement (Idf International Inc), Indemnity Agreement (Idf International Inc), Indemnity Agreement (Idf International Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of with respect to the Company matters addressed in this Agreement against Indemnitee, or Indemnitee’s 's estate, spouse, heirs, executors, executors or personal or legal representatives after the expiration of two two(2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 7 contracts

Samples: Indemnification Agreement (Talk Com), Indemnification Agreement (Talk Com), Indemnification Agreement (Talk Com)

PERIOD OF LIMITATIONS. No legal action relating to the entitlement of Indemnitee to Expense Advances or indemnification for Losses shall be brought and no such cause of action shall be asserted by or on behalf of in the Company or any Affiliate right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 6 contracts

Samples: Indemnification Agreement (Juniper Networks Inc), Indemnification Trust Agreement (Juniper Networks Inc), Indemnification Agreement (Sco Group Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, however that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 6 contracts

Samples: Indemnification Agreement (Micrel Inc), Indemnification Agreement (Micrel Inc), Indemnification Agreement (Micrel Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, however that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 6 contracts

Samples: Indemnification Agreement (Texxon Inc), Indemnification Agreement (Texxon Inc), Indemnification Agreement (Texxon Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemniteethe Officer, Indemniteethe Officer’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter short period shall govern.

Appears in 6 contracts

Samples: Indemnification Agreement (J. Alexander's Holdings, Inc.), Indemnification Agreement (J. Alexander's Holdings, Inc.), Indemnification Agreement (J. Alexander's Holdings, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought brought, and no cause of action shall be asserted asserted, by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives representatives, after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 5 contracts

Samples: Indemnification Agreement (Variflex Inc), Indemnification Agreement (Variflex Inc), Indemnification Agreement (Variflex Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, assigns or personal or legal representatives after the expiration of two years from the date of or accrual of such cause of action, or such longer period as may be required and to the fullest extent permitted by state law under the circumstances. Any applicable law, any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall governgovern unless a longer period is required by applicable law.

Appears in 5 contracts

Samples: Indemnification Agreement (Gart Sports Co), 21 Indemnification Agreement (Sports Authority Inc /De/), 21 Indemnification Agreement (Sports Authority Inc /De/)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required or permitted by federal or state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 5 contracts

Samples: Form of Indemnification Agreement (Intel Corp), Indemnification Agreement (Powersecure International, Inc.), Indemnification Agreement (Westell Technologies Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of the Company its subsidiaries against Indemnitee or Indemnitee's estate, Indemnitee’s spousespouses, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 4 contracts

Samples: Form of Indemnification Agreement (N-Able, Inc.), Form of Indemnification Agreement (N-Able, LLC), Indemnification Agreement (SolarWinds Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 4 contracts

Samples: Indemnification Agreement (Excaliber Enterprises, Ltd.), Indemnification Agreement (Excaliber Enterprises, Ltd.), Indemnification Agreement (Excaliber Enterprises, Ltd.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Corporation or any Affiliate affiliate of the Company Corporation against Indemnitee or Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two three years from the date of accrual of such that cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company Corporation or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such that three-year period; provided, however, that that, if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 4 contracts

Samples: Indemnification Agreement (Concentra Managed Care Inc), Indemnification Agreement (Concentra Managed Care Inc), Indemnification Agreement (Concentra Managed Care Inc)

PERIOD OF LIMITATIONS. No Except for legal actions based on Indemnitee’s fraud or willful misconduct as to which the period of limitations shall be governed by applicable law, no legal action shall be brought and no cause of action shall be asserted by or on behalf of in the Company or any Affiliate right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 4 contracts

Samples: Indemnification Agreement (Mela Sciences, Inc. /Ny), Indemnification Agreement (Christopher & Banks Corp), Stock Option Agreement (Christopher & Banks Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state of law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (China Yuchai International LTD), Indemnification Agreement, Indemnification Agreement (China Yuchai International LTD)

PERIOD OF LIMITATIONS. No legal action shall be brought brought, and no cause of action shall be asserted asserted, by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal Personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 3 contracts

Samples: Indemnity Agreement (American Pulp Exchange Inc), Indemnity Agreement (American Pulp Exchange Inc), Indemnity Agreement (American Pulp Exchange Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required or permitted by federal or state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (Intel Corp), Form of Indemnification Agreement (Radisys Corp), Form of Indemnification Agreement (Radisys Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of Indemnitor against the Company against Indemnitee, the Indemnitee’s estate, spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate Indemnitor shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (Cambridge Display Technology, Inc.), Indemnification Agreement (Cambridge Display Technology, Inc.), Indemnification Agreement (Cambridge Display Technology, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (Eco Science Solutions, Inc.), Indemnification Agreement (Greenfield Groves Inc.), Form of Indemnification Agreement (Sourcefire Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, IndemniteeXxxxxxxxxx’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (CBD Life Sciences Inc.), Indemnification Agreement (CBD Life Sciences Inc.), Indemnification Agreement (Stem, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, action or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (Xtent Inc), Indemnification Agreement (Xtent Inc), Indemnification Agreement (Limelight Networks, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, administrators, or personal or legal representatives after the expiration of two years one year from the date of accrual of such that cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliates shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such that one-year period; provided. However, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the that shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (Concentric Energy Corp), Indemnification Agreement (Concentric Energy Corp), Indemnification Agreement (Concentric Energy Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (Amn Healthcare Services Inc), Indemnification Agreement (Amn Healthcare Services Inc), Indemnification Agreement (Amn Healthcare Services Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 3 contracts

Samples: Agreement (Cylink Corp /Ca/), Indemnification Agreement (Madge Networks Nv), Indemnification Agreement (Madge Networks Nv)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of the Company its Subsidiaries against Indemnitee, Indemnitee or Indemnitee’s spouseestate, spouses, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two years one (1) year from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such one-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (CREATIVE LEARNING Corp), Indemnification Agreement (CREATIVE LEARNING Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Indemnitor or any Affiliate affiliate of the Company Indemnitor against the Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any claim or cause of action of the Company Indemnitor or its Affiliate affiliates shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnity Agreement (Pier 1 Imports Inc/De), Form of Indemnity Agreement (Encore Acquisition Co)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two three (3) years from the date of accrual of such cause of action, action or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (FiscalNote Holdings, Inc.), Indemnification Agreement (Flir Systems Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, however that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (MATECH Corp.), Indemnification Agreement (Material Technologies Inc /Ca/)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from form the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (R&r Acquisition Iii, Inc), Indemnification Agreement (Enthrust Financial Services Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company an Indemnitor or any Affiliate affiliate of an Indemnitor against the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any claim or cause of action of the Company Indemnitor or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 2 contracts

Samples: Joint and Several Indemnity Agreement (Hardie James Industries Nv), Joint and Several Indemnity Agreement (Hardie James Industries Nv)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; providedPROVIDED, howeverHOWEVER, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Passave, Inc.), Indemnification Agreement (Crdentia Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of the Company its subsidiaries against Indemnitee, Indemnitee or Indemnitee’s spouseestate, spouses, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or any of its Affiliate subsidiaries shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Director Indemnification Agreement (Tribune Media Co), Indemnification Agreement (Unistrut International Holdings, LLC)

PERIOD OF LIMITATIONS. No legal action shall be --------------------- brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Anheuser Busch Companies Inc), Indemnification Agreement (Anheuser-Busch Companies, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of in the Company or any Affiliate right of the Company against Indemniteethe Indemnitee or his or her estate, Indemnitee’s spouse, heirs, executorssuccessors, assigns, affiliates, insurers, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Pinnacle Oil International Inc), Indemnification Agreement (Pinnacle Oil International Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, IndemniteeXxxxxxxxxx’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state of law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (China Yuchai International LTD), Indemnification Agreement (China Yuchai International LTD)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Company, Xxxxxx Ltd. or any Affiliate of the Company their respective affiliates against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company Company, Xxxxxx Ltd. or its Affiliate any of their respective affiliates shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 2 contracts

Samples: Cooper Industries LTD, Cooper Industries LTD

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Bakbone Software Inc), Indemnification Agreement (Bakbone Software Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Indemnitor or any Affiliate affiliate of Indemnitor against the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any claim claims or cause of action of the Company Indemnitor or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnity Agreement (Arch Coal Inc), Indemnity Agreement (Arch Coal Inc)

PERIOD OF LIMITATIONS. No legal action relating to the entitlement of Indemnitee to Expense Advances or indemnification for Losses shall be brought and no such cause of action shall be asserted by or on behalf of in the Company or any Affiliate right of the Company against Indemnitee, Indemnitee’s estate, spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Pennant Group, Inc.), Indemnification Agreement (Profire Energy Inc)

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PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of in the Company or any Affiliate right of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer a period as that may not be required by state law under the circumstances. Any lengthened for any reason, and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnity Agreement (Hanmi Financial Corp), Indemnity Agreement (Hanmi Financial Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement, Form of Indemnification Agreement (China Yuchai International LTD)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of Indemnitors against the Company against Indemnitee, the Indemnitee’s 's estate, spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate Indemnitors shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Graphic Packaging Corp), Form Agreement] Indemnification Agreement (Graphic Packaging Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliates shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 2 contracts

Samples: Officer Indemnification Agreement (Napro Biotherapeutics Inc), Indemnification Agreement (Occidental Petroleum Corp /De/)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by by, on behalf, or on behalf of in the right of, the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Guaranty Financial Group Inc.), Indemnification Agreement (Forestar Real Estate Group Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Corporation or any Affiliate affiliate of the Company Corporation against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. , Any claim or cause of action of the Company Corporation or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Psychiatric Solutions Inc), Indemnification Agreement (Psychiatric Solutions Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (PF2 SpinCo, Inc.), Indemnification Agreement (McKesson Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company Entities or any Affiliate of the Company their subsidiaries against Indemnitee, Indemnitee or Indemnitee’s spouseestate, spouses, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate Entities shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Director Indemnification Agreement (Hd Supply, Inc.), Director Indemnification Agreement (Hd Supply Support Services, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Hurray! Holding Co., Ltd.), Indemnification Agreement (Linktone LTD)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Corporation or any Affiliate affiliate of the Company Corporation against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company Corporation or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Scoop Inc/De), Indemnification Agreement (Parent Holding Corp)

PERIOD OF LIMITATIONS. No To the fullest extent permitted by law, no legal action shall be brought brought, and no cause of action shall be asserted asserted, by or on behalf of the Company or any Affiliate controlled affiliate of the Company against the Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate controlled affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Campus Crest Communities, Inc.), Indemnification Agreement (Campus Crest Communities, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliates shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable applicable, by law or otherwise, to any such cause of action, the action such shorter period shall governapply.

Appears in 2 contracts

Samples: Indemnification Agreement (Drew Industries Inc), Indemnification Agreement (Drew Industries Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Corporation or any Affiliate affiliate of the Company Corporation against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required or permitted by federal or state law under the circumstances. Any claim or cause of action of the Company Corporation or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (K2 Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought brought, and no cause of action shall be asserted by or on behalf of the Company Corporation or any Affiliate affiliate of the Company Corporation against the Indemnitee, the Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company Corporation or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; , provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement Directors and Officers (Hecla Mining Co/De/)

PERIOD OF LIMITATIONS. No To the fullest extent permitted by law, no legal action shall be brought brought, and no cause of action shall be asserted asserted, by or on behalf of the Company or any Affiliate controlled affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate controlled affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; two- year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Wheeler Real Estate Investment Trust, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Xoom Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, administrators or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or such longer period as may be required by state law under the circumstances. Any cause of action, and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter action such period shall govern.

Appears in 1 contract

Samples: Directors and Officers (Boston Scientific Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company INSIGHT or any Affiliate of the Company INSIGHT against IndemniteeINDEMNITEE, IndemniteeINDEMNITEE’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company INSIGHT or its Affiliate Affiliates shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Insight Health Services Holdings Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company an Indemnitor or any Affiliate affiliate of an Indemnitor against the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any claim or cause of action of the Company Indemnitor or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 1 contract

Samples: Joint and Several Indemnity Agreement (Metro-Goldwyn-Mayer Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required or permitted by federal or state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Mobileye Global Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, administrators or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such three-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Cpi Corp)

PERIOD OF LIMITATIONS. No To the fullest extent permitted by applicable law, the Indemnifying Companies agree that no legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of Indemnifying Companies against the Company against Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years one year from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate Indemnifying Companies shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such one-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Education Management Corporation)

PERIOD OF LIMITATIONS. No legal action shall be brought bought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the action such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Norcal Waste Systems Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives represen­tatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate affili­ate shall be extinguished and deemed released unless asserted as­serted by the timely filing and notice of a legal action within such two-year period; provided, however, that if any shorter period of limitations is otherwise applicable appli­cable to any such cause of action, the such shorter period pe­riod shall govern.. ​

Appears in 1 contract

Samples: Indemnification Agreement (Foot Locker, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.. VistaGen Therapeutics, Inc., a Nevada corporation Indemnification Agreement with H. Xxxxx Xxxxxxxxx, Ph. D. May 20, 2013

Appears in 1 contract

Samples: Indemnification Agreement (VistaGen Therapeutics, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s spouseFamily Members, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Textainer Group Holdings LTD)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of in the Company or any Affiliate right of the Company against Indemnitee, Indemnitee’s 's estate, spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of actionaction or, or such longer period as may be required by state law under if later, the circumstances. Any time when the Company should reasonably have become aware of its claim, and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Navigation Technologies Corporation (Navigation Technologies Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of the Company its subsidiaries against Indemnitee, Indemnitee or Indemnitee’s estate, spouse, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two-year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Startek, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company Indemnitor or any Affiliate affiliate of the Company Indemnitor against the Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state applicable law under the circumstances. Any claim or cause of action of the Company Indemnitor or its Affiliate affiliates shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, action the shorter period shall govern.

Appears in 1 contract

Samples: Indemnity Agreement (Encore Acquisition Co)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (BofI Holding, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought brought, and no cause of action shall be asserted asserted, by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s 's spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Franklin Telecommunications Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought brought, and no cause of action shall be asserted asserted, by or on behalf of the Company Bancorp or any Affiliate affiliate of the Company Bancorp against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives representatives, after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company Bancorp or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the this shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Greater Bay Bancorp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (United Western Bancorp Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state or federal law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Mindspeed Technologies, Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate of the Company against Indemnitee, Indemnitee’s spouse, heirs, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any claim or cause of action of the Company or any of its Affiliate Affiliates shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Victory Capital Holdings, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Kratos Defense & Security Solutions, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company or any Affiliate affiliate of the Company against the Indemnitee, the Indemnitee’s spouse, heirs, executors, executors or personal or legal representatives after the expiration of two three (3) years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any , and any claim or cause of action of the Company or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Portal Software Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Company or any Affiliate of the Company its subsidiaries against Indemnitee, Indemnitee or Indemnitee’s spouseestate, spouses, heirs, executors, or personal or legal representatives representatives, administrators or assigns after the expiration of two five years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company or its Affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such five year period; provided, however, provided that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (China Chemical Corp.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Company BindView or any Affiliate affiliate of the Company BindView against Indemnitee, Indemnitee’s 's spouse, heirs, executors, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, or such longer period as may be required by state law under the circumstances. Any and any claim or cause of action of the Company BindView or its Affiliate affiliate shall be extinguished and deemed released unless asserted by the timely filing and notice of a legal action within such two year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action, the such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Bindview Development Corp)

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