PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing 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 such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification Agreement (Employee Solutions Inc), Indemnification Agreement (Employee Solutions Inc), Indemnification Agreement (Employee Solutions Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, any Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two five (5) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification Agreement (Alibris Inc), Indemnification Agreement (Alibris Inc), Indemnification Agreement (Lante Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two one-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 7 contracts
Samples: Indemnification Agreement (Atlis Motor Vehicles Inc), Indemnification Agreement (Atlis Motor Vehicles Inc), Indemnification Agreement (Black Ridge Oil & Gas, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company Corporation or any affiliate of the Corporation against Indemnitee or Indemnitee, Indemnitee's ’s spouse, heirs, executors executors, or personal or legal representatives after the expiration of two five years from the date of accrual of such that cause of action, and any claim or cause of action of the Company Corporation or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two that five-year period; provided, however, that that, if any shorter period of limitations is otherwise applicable to any such cause of action such action, the shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing 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 action, such shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (Legalzoom Com Inc), Indemnification Agreement (Legalzoom Com Inc), Indemnification Agreement (Lenco Mobile Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right 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, 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 of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 6 contracts
Samples: Indemnity Agreement (Osullivan Industries Holdings Inc), Indemnity Agreement (Cs Wireless Systems Inc), Form of Indemnity Agreement (Ensco International Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (Atlas Corp.), Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Seaspan CORP)
PERIOD OF LIMITATIONS. No Except as required by applicable law, no legal action shall be brought and no cause of action shall be asserted by or in the right 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 6 contracts
Samples: Indemnification Agreement (DXC Technology Co), Indemnification Agreement (Inuvo, Inc.), Indemnification Agreement (LIGHTBRIDGE Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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 the occurrence of the events leading to such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 5 contracts
Samples: Form of Indemnification Agreement (GNC Corp), Indemnification Agreement (Linens Holding Co.), Indemnification Agreement (General Nutrition Centers Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two three-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 5 contracts
Samples: Indemnification Agreement (Blucora, Inc.), Indemnification Agreement (Levi Strauss & Co), Indemnification Agreement (Infospace Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two five-year period; providedprovided , howeverhowever , that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 5 contracts
Samples: Indemnification Agreement (Genvor Inc), Indemnification Agreement (Blue Water Biotech, Inc.), Indemnification Agreement (Marizyme Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnity Agreement (Waldencast Acquisition Corp.), Indemnity Agreement (Waldencast Acquisition Corp.), Indemnification Agreement (Abraxas Petroleum Corp)
PERIOD OF LIMITATIONS. No legal action shall may be brought and no cause of action shall may be asserted by or in the 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, and any claim or cause of action of the Company shall be extinguished and deemed released released, unless asserted by the timely filing 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 action, such shorter period shall will govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Midwest Holding Inc.), Indemnification Agreement (Midwest Holding Inc.), Indemnification Agreement (Yuma Delaware Merger Subsidiary, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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 the occurrence of the events leading to such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 4 contracts
Samples: Form Of (City Ventures, Inc.), Indemnification Agreement (GNC Holdings, Inc.), Indemnification Agreement (GNC Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Dyadic International Inc), Indemnification Agreement (Dyadic International Inc), Indemnification Agreement (Bridgepoint Education Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three (3) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two three-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Comstock Homebuilding Companies, Inc.), Director and Officer Indemnification Agreement (QRS Corp), Indemnification Agreement (Penson Worldwide Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless unless, asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Western Gas Resources Inc), Indemnification Agreement (Western Gas Resources Inc), Indemnification Agreement (Western Gas Resources Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern, provided, further, that no legal or other cause of action arising from Disabling Conduct on the part of Indemnitee shall be prohibited by this Section 8.
Appears in 4 contracts
Samples: Indemnification Agreement (Yahoo Inc), Indemnification Agreement (Yahoo Inc), Indemnification Agreement (Yahoo Inc)
PERIOD OF LIMITATIONS. No To the fullest extent permitted by applicable law, no legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee or Indemnitee, Indemnitee's ’s spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual the occurrence of the events leading to such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Floor & Decor Holdings, Inc.), Indemnification Agreement (FDO Holdings, Inc.), Indemnification Agreement (FDO Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Jayhawk Energy, Inc.), Indemnification Agreement (Us Ecology, Inc.), Stock Purchase Agreement (Australia Acquisition Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 4 contracts
Samples: Form of Indemnification Agreement (Maincontrol Inc /De), Indemnification Agreement (Enterworks Inc), Indemnification Agreement (Inforte Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing 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 action, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Medicode Inc), Indemnification Agreement (Multilink Technology Corp), Indemnification Agreement (Kyphon Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, by law or otherwise, such shorter period shall govern.
Appears in 4 contracts
Samples: Indemnification Agreement (Pyxis Tankers Inc.), Indemnification Agreement (Universal Gold Mining Corp.), Indemnification Agreement (Global Ship Lease, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee or Indemnitee, Indemnitee's ’s spouse, heirs, executors executors, or personal or legal representatives after the expiration of two three years from the date of accrual of such that cause of action, 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 of a legal action within such two that three-year period; provided, however, that that, if any shorter period of limitations is otherwise applicable to any such cause of action such action, the shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Global Defense Technology & Systems, Inc.), Indemnification Agreement (Global Defense Technology & Systems, Inc.), Indemnification Agreement (Phosphate Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Crossworlds Software Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two three year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnity Agreement (Copa Holdings, S.A.), Director and Officer Indemnity Agreement (Diligent Board Member Services, Inc.), Director and Officer Indemnity Agreement (Overseas Shipholding Group Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's spouse, heirs, executors or personal or legal representatives after the expiration of two years eighteen months from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two year eighteen month period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Biltmore Surgery Center Holdings Inc), Indemnification Agreement (Spheris Inc.), Indemnification Agreement (IASIS Finance Texas Holdings, LLC)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee or 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing 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 action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Telomir Pharmaceuticals, Inc.), Indemnification Agreement (Mira Pharmaceuticals, Inc.), Indemnification Agreement (Helios Technologies, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee or 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; period provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Lasalle Partners Inc), Indemnification Agreement (United Usn Inc), Indemnification Agreement (Lasalle Partners Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s spouse, assigns, heirs, executors devisees, executors, or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Enviva Inc.), Indemnification Agreement (REV Renewables, Inc.), Form of Indemnification Agreement (Enviva Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two one-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Sma Real Time Inc), Indemnification Agreement (Ivillage Inc), Indemnification Agreement (Bigstar Entertainment Inc /Ny)
PERIOD OF LIMITATIONS. No legal action shall may be brought and no cause of action shall may be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, 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, and any claim or cause of action of the Company shall will be extinguished and deemed released unless asserted by the timely filing of a legal action within such two year (2)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall must govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Autobytel Inc), Indemnification Agreement (Autobytel Inc), Indemnification Agreement (Autobytel Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s spouse, assigns, heirs, devisees, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 3 contracts
Samples: Form of Indemnity Agreement (Banner Acquisition Corp.), Indemnity Agreement (Live Oak Crestview Climate Acquisition Corp.), Indemnity Agreement (Live Oak Mobility Acquisition Corp.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf 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, and any claim or cause of action of the Company or any affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two- year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Venture Stores Inc), Indemnification Agreement (Venture Stores Inc), Indemnification Agreement (Venture Stores Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one (1) year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two one-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Form of Indemnification Agreement (Us Energy Corp), Indemnification Agreement (Us Energy Corp), Indemnification Agreement (Camber Energy, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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 the facts which gave rise to such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (SNAP-ON Inc), Indemnification Agreement (SNAP-ON Inc), Indemnification Agreement (Laidlaw International Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any of its subsidiaries against Indemnitee or Indemnitee’s estate, Indemnitee's spousespouses, heirs, executors or executors, personal or legal representatives representatives, administrators or assigns after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; , provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Corindus Vascular Robotics, Inc.), Indemnification Agreement (Marika Inc.), Indemnification Agreement (AMEDICA Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee's ’s estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Trident Digital Tech Holdings Ltd.), Form of Indemnification Agreement (Lixiang Education Holding Co . LTD), Form of Indemnification Agreement (SAMOYED HOLDING LTD)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee's ’s spouse, heirs, executors assigns 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 cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnity Agreement (PERRIGO Co PLC), Indemnity Agreement (PERRIGO Co PLC), Indemnity Agreement (PERRIGO Co PLC)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Atrinsic, Inc.), Indemnification Agreement for World (World Health Alternatives Inc), Indemnification Agreement for World (World Health Alternatives Inc)
PERIOD OF LIMITATIONS. No legal action shall may be brought and no cause of action shall may be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, 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, and any claim or cause of action of the Company shall will be extinguished and deemed released unless asserted by the timely filing of a legal action within such two year (2)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall must govern.
Appears in 3 contracts
Samples: Indemnification Agreement (AutoWeb, Inc.), Indemnification Agreement (AutoWeb, Inc.), Indemnification Agreement (Autobytel Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against IndemniteeCovered Agent, Indemnitee's Covered Agent’s estate, spouse, heirs, administrators, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (T3 Motion, Inc.), Indemnity Agreement (Ddi Corp), Indemnity Agreement (SRS Labs Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against an Indemnitee, an Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnification Agreement (Patient Safety Technologies, Inc), Indemnification Agreement (Protalex Inc), Indemnification Agreement (Protalex Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two year (2)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 3 contracts
Samples: Form of Indemnification Agreement (SelectQuote, Inc.), Indemnification Agreement (Cadence Bancorporation), Indemnification Agreement (Triumph Bancorp, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right 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, 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 of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 3 contracts
Samples: Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc), Form of Indemnity Agreement (Avalonbay Communities Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right 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, and any claim or cause of action of the Company or its affiliates shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Star Gas Partners Lp), Indemnification Agreement (Star Gas Partners Lp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee or 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a the legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Health Net Inc), Indemnification Agreement (Health Net Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought brought, and no cause of action shall be asserted by or in on behalf of the right 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, 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 of a legal action within such two 2-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Directors Indemnification Agreement (Boise Cascade Corp), Directors Indemnification Agreement (Boise Cascade Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Yum China Holdings, Inc.), Indemnification Agreement (Yum China Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two three-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Eddie Bauer Holdings, Inc.), Indemnification Agreement (Eddie Bauer Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company Indemnitor 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, and any claim or cause of action of the Company Indemnitor shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Green Bancorp, Inc.), Form of Indemnification Agreement (Green Bancorp, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, or the Indemnitee's spouse’s estate, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Acquity Group LTD), Indemnification Agreement (Lentuo International Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Wavesplitter Technologies Inc), Petsmart Com Inc
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against IndemniteeIndemnified Person, IndemniteeIndemnified Person's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing 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 action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Omnisky Corp), Indemnification Agreement (Silicon Energy Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (China Finance Online Co. LTD), Indemnification Agreement (Shanda Interactive Entertainment LTD)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's spouseestate, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Maxygen Inc), Indemnification Agreement (Depomed Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee or the Indemnitee’s estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two year (2)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Seracare Life Sciences Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall actionshall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Superconductor Technologies Inc), Indemnification Agreement (Adera Mines LTD)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, 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 of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Datalink Corp), Indemnification Agreement (Primegg LTD)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Agreement (CMG Holdings Group, Inc.), Indemnification Agreement (CMG Holdings Group, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing 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 action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Bridgepoint Education Inc), Indemnification Agreement (Bridgepoint Education Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, any Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two four-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Comverge, Inc.), Indemnification Agreement (Valence Technology Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf 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, and any claim or cause of action of the Company or any affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Todd Shipyards Corp), Indemnification Agreement (Allied Healthcare Products Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's spouse’s spouse or legally recognized domestic partner, heirs, executors executors, or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of actionaction shall arise, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing 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 such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Ii-Vi Inc), Indemnification Agreement (Ii-Vi Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company Corporation against the Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company Corporation shall be extinguished and deemed released unless asserted by the timely filing 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 action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Royal Gold Inc), Indemnification Agreement (Royal Gold Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company Companies 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, and any claim or cause of action of the Company Companies shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Ollie's Bargain Outlet Holdings, Inc.), Form of Indemnification Agreement (Ollie's Bargain Outlet Holdings, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Global Aviation Holdings Inc.), Indemnification Agreement (Charles & Colvard LTD)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, and any claim Claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnity Agreement of Officer (Interface Inc), Indemnity Agreement of Director (Interface Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company Corporation or any affiliate of the 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, and any claim or cause of action of the Company Corporation or its affiliate shall be extinguished and deemed released unless asserted by the timely filing 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 such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Wolverine World Wide Inc /De/), Indemnification Agreement (Wolverine World Wide Inc /De/)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two one year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Tradestation Group Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right 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, and any . 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 such action, the shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (PHX Minerals Inc.), Amended Indemnification Agreement (Panhandle Oil & Gas Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of --------------------- action shall be asserted by or in the right 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, and any claim Claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Form of Indemnity Agreement (Asa Holdings Inc), Form of Indemnity Agreement (Asa Holdings Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, or Indemnitee's spouseestate, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (China Nepstar Chain Drugstore Ltd.), Indemnification Agreement (Suntech Power Holdings Co., Ltd.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee or the Indemnitee’s estate, Indemnitee's spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two year five (5)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Aclaris Therapeutics, Inc.), Indemnification Agreement (Aclaris Therapeutics, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, 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 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 such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (MDC Holdings Inc), Indemnification Agreement (MDC Holdings Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, the Indemnitee or the Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three (3) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two year three (3)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Amended and Restated Indemnification Agreement (Nationsrent Companies Inc), Indemnification Agreement (Nationsrent Companies Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of --------------------- action shall be asserted by or in the right 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two- year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Interest and Dividends, Merrill Lynch & Co Inc
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company or any affiliate of the Company against Indemniteethe Employee, Indemniteethe Employee'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, and any claim or cause of action of the Company or its affiliates shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Employment Agreement (Amerigroup Corp), Employment Agreement (Amerigroup Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, such Indemnitee's ’s estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two year (2)-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Concert Pharmaceuticals, Inc.), Indemnification Agreement (Replidyne Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company Corporation or any affiliate of the 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, and any claim or cause of action of the Company Corporation or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Walter Energy, Inc.), Indemnification Agreement (Walter Industries Inc /New/)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, any Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual occurrence of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Fischer Imaging Corp), Indemnification Agreement (Fischer Imaging Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right Company or any affiliate of the Company against Indemnitee, Indemnitee's spouse, heirs, executors assigns 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 cause of action of the Company or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 2 contracts
Samples: Agreement (Perrigo Co), Indemnity Agreement (Perrigo Co)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, such Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (TCV Vii Lp), Indemnification Agreement (Xata Corp /Mn/)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two five-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Genentech Inc), Indemnification Agreement (Engenio Information Technologies, Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, and any claim or cause of action of the Company Corporation shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Agreement Concerning Indemnification and Related Matters (Portland General Electric Co /Or/), Agreement (Portland General Electric Co /Or/)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two five (5) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Clearwire Corp), Indemnification Agreement (Clearwire Corp)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right 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, 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 of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Om Group Inc), Indemnification Agreement (Gardner Denver Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two three years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two three year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Officer Indemnity Agreement (Open Solutions Inc), Director Indemnity Agreement (Copa Holdings, S.A.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in on behalf of the right 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, 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 of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern. 11.
Appears in 2 contracts
Samples: Indemnification Agreement (Chyron Corp), Chyron Corp
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year (2) period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Indemnification Agreement (Advanced Energy Industries Inc), Form of Director Indemnification Agreement (Advanced Energy Industries Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, such Indemnitee's estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 2 contracts
Samples: Corporation Director Indemnification Agreement (Xata Corp /Mn/), Xata Corporation Indemnification Agreement (Xata Corp /Mn/)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against any Indemnitee, any Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one (1) year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two one (1) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 1 contract
PERIOD OF LIMITATIONS. No legal action under this Agreement shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee or 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, and any claim or such cause of action or claim of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 1 contract
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right on behalf of the Company Corporation or any affiliate of the Corporation against Indemnitee, Indemnitee's spouse, heirs, executors administrators or personal or legal representatives after the expiration of two years one (1) year from the date of accrual of such the cause of action, and any such claim or cause of action of the Company Corporation or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two the one (1) year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such the shorter period shall govern.
Appears in 1 contract
Samples: Indemnification Agreement (Professionals Direct Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two years one year from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 1 contract
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; providedprovided , howeverhowever , that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 1 contract
Samples: Indemnification Agreement (China Growth Equity Investment LTD)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee's ’s spouse, heirs, executors executors, administrators or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action such shorter period shall govern.
Appears in 1 contract
Samples: Indemnification Agreement (Fidelity & Guaranty Life)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against the Indemnitee, the Indemnitee's ’s estate, spouse, heirs, executors or personal or legal representatives after the expiration of two five (5) years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two five (5) year period; provided, however, that if any shorter period of limitations under applicable law is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 1 contract
Samples: Indemnification Agreement (FriendFinder Networks Inc.)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, spouse, heirs, 8 executors or personal or legal representatives after the expiration of two years from the date of accrual of such cause of action, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two two-year period; provided, however, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 1 contract
Samples: Indemnification Agreement (Idg Books Worldwide Inc)
PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, 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, and any claim or cause of action of the Company shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two (2) year period; providedPROVIDED, howeverHOWEVER, that if any shorter period of limitations is otherwise applicable to any such cause of action action, such shorter period shall govern.
Appears in 1 contract
