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 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, such shorter period shall govern.

Appears in 21 contracts

Samples: Indemnification Agreement (Happy Kids Inc), Indemnification Agreement (Dset Corp), Indemnification Agreement (Auto by Tel Corp)

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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 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 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 19 contracts

Samples: Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (ChyronHego Corp), Indemnification Agreement (ChyronHego 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; 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 19 contracts

Samples: Indemnification Agreement (Tolerrx Inc), Indemnification Agreement (Go Call Inc), Indemnification Agreement (Catapult Communications 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 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 18 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Beckman Coulter Inc), Indemnification Agreement (Neah Power Systems, 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 (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, such shorter period shall govern.

Appears in 17 contracts

Samples: Indemnification Agreement (BridgeBio Pharma, Inc.), Board of Directors Agreement (Apollo Medical Holdings, Inc.), Indemnification Agreement (Apollo Medical 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, such shorter period shall govern.

Appears in 13 contracts

Samples: Indemnification Agreement (Natus Medical Inc), Indemnification Agreement (Tibco Software Inc), Indemnification Agreement (Omnivision 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'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 twofive-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 11 contracts

Samples: Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor 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 or an 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-year five (5)-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 11 contracts

Samples: Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals 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 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, such shorter period shall govern.

Appears in 11 contracts

Samples: Indemnification Agreement (MINISO Group Holding LTD), Form of Indemnification Agreement (Kaixin Auto Holdings), Form of Indemnification Agreement (Hexindai 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 (5) 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 10 contracts

Samples: Indemnification Agreement (Basil Street Cafe, Inc.), Indemnification Agreement (CF Finance Acquisition Corp II), Indemnification Agreement (CoLucid Pharmaceuticals, 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 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 twofive-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 10 contracts

Samples: Executive Employment Agreement (Marizyme Inc), Indemnification Agreement (Marizyme 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 ’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 twothree-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 10 contracts

Samples: Indemnification Agreement (Vocus, Inc.), Indemnification Agreement (Penson Worldwide Inc), Indemnification Agreement (Wellcare Health Plans, 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 or any 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-year five (5)-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 9 contracts

Samples: Indemnification Agreement (Nationsrent Inc), Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna 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 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 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 (American Hospitality Properties REIT II, Inc.), Indemnification Agreement (American Hospitality Properties REIT II, Inc.), Indemnification Agreement (TTM Technologies 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 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 or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-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 5 contracts

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

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

Appears in 4 contracts

Samples: Indemnification Agreement (Safe Auto Insurance Group, Inc.), Indemnification Agreement (Trean Insurance Group, Inc.), Indemnification Agreement (Trean Insurance Group, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of --------------------- 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, such shorter period shall govern.

Appears in 3 contracts

Samples: Indemnification Agreement (Contessa Corp /De), Indemnification Agreement (Netiq Corp), Indemnification Agreement (Resonate 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-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 (Sonic Innovations Inc), Indemnification Agreement (Covad Communications Group Inc), Indemnification Agreement (Centillium Communications 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 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 or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-two (2) year period; provided, 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 (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom 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, such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (Exodus Communications Inc), Indemnification Agreement (Metasolv Software 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 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 or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of a legal action within such two-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: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom 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 Indemnitee 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 2 contracts

Samples: Release Agreement (Edison Nation, Inc.), Indemnification Agreement (Silicon Graphics 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 -------- ------- 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 (Illumina Inc), Indemnification Agreement (Liquid Audio 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 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 INDEMNIFICATION AGREEMENT — XXXXXXX XXXXXXX limitations is otherwise applicable to any such cause of action, such shorter period shall govern.

Appears in 2 contracts

Samples: Indemnification Agreement (NYTEX Energy Holdings, Inc.), Indemnification Agreement (NYTEX Energy 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-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 (Citysearch Inc), Indemnification Agreement (Ticketmaster Online Citysearch 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 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 2 contracts

Samples: Indemnification Agreement (CSG Systems International Inc), Indemnification Agreement (CSG Systems International Inc)

PERIOD OF LIMITATIONS. No Consistent with the premises and in furtherance of the purposes of this Agreement, the Company agrees that 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, Indemnitee's estate, ’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 2 contracts

Samples: Form of Indemnification Agreement (FCB Financial Holdings, Inc.), Form of Indemnification Agreement (American Caresource 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 any Indemnitee, any Indemnitee'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 twofive-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 (Kintana Inc), Form of Indemnity Agreement (Catalytica Energy Systems 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 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 twofive-year period; provided, however, that if any shorter -------- ------- 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 (Sonicwall 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 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 INDEMNIFICATION AGREEMENT — XXXXXXX X. XXXXX limitations is otherwise applicable to any such cause of action, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (NYTEX Energy Holdings, 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 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 or its affiliate shall be extinguished and an deemed released unless asserted by the timely filing of a legal action within such two-two (2) year period; provided, 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 (Chatcom 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 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 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, action such shorter period shall govern.

Appears in 1 contract

Samples: Indemnity Agreement (Bay Apartment Communities 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 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 INDEMNIFICATION AGREEMENT — XXXXXXX XXXXXX limitations is otherwise applicable to any such cause of action, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (NYTEX Energy 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-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 (Pc Tel 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 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-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 (Driveway 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, 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-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 (Garden 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 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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Ibeam Broadcasting Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of --------------------- 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 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-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 (Colonial Commercial 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 estate, ’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 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: Indemnity Agreement (Internet America 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-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: Form of Indemnification Agreement (Palm 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 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 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, action such shorter period shall govern; and provided further that nothing herein shall limit or prohibit the Company from asserting any defense against a claim or demand by Indemnitee that would otherwise be available but for the extinguishment or release thereof contemplated by this Section 10.

Appears in 1 contract

Samples: Indemnification Agreement (Mainsource Financial Group)

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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Vidamed Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no claim or cause --------------------- of action shall be asserted by or in the right of the Company against Indemnitee, Indemnitee's estate, ’s spouse, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such claim or cause of action, and any claim or cause of action of or on behalf 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 claim or cause of action, such shorter period shall govern.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Protective Insurance 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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Neomagic 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, any Indemnitee'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 twofive-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 (Rainmaker Systems 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 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 twofive-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: Indemnity Agreement (Applied Science Fiction Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of --------------------- 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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Crossworlds Software Inc)

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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, such shorter period shall govern.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Right Start Inc /Ca)

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 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 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 1 contract

Samples: Indemnification Agreement (Mead 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 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 INDEMNIFICATION AGREEMENT — XXXXXXXX X. XXXX limitations is otherwise applicable to any such cause of action, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (NYTEX Energy 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 any of the Company Companies against Indemnitee, Indemnitee's estate, ’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 any of the Company Companies 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 1 contract

Samples: Indemnification Agreement (Mobile Storage Group Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of --------------------- 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 two (2)-year period; provided, however, that if any shorter -------- ------- 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 (Senesco Technologies 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 estate, ’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, 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 twothat three-year period; provided, however, that 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 (Ssgi, 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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Symphonix Devices 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-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 (E Stamp Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or in the right of any of the Company Companies 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 any of the Company Companies 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 1 contract

Samples: Indemnification Agreement (Mobile Services 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 any of the Company Companies against Indemnitee, Indemnitee's estate, Indemitee’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 any of the Company Companies 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 1 contract

Samples: Indemnification Agreement (Mobile Storage 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 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 1 contract

Samples: Indemnification Agreement (Nava Leisure Usa Inc)

PERIOD OF LIMITATIONS. No legal action shall will be brought and no cause --------------------- of action shall will be asserted by or in the right on behalf of the Company Corporation or any affiliate of the Corporation against Indemnitee, Indemnitee or Indemnitee's estatespouse, spousepersonal or legal representatives, executors, administrators, successors, heirs, executors distributees or personal or legal representatives legatees 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 Corporation or its affiliates will 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 will govern.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Greenmountain Com Co)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of --------------------- of action shall be asserted by or in on behalf of the right Company or any affiliate 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 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 1 contract

Samples: Indemnification Agreement (Mead 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 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 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 -------- ------- period of limitations is otherwise applicable to any such cause of action, action such shorter period shall govern.

Appears in 1 contract

Samples: Indemnity Agreement (Citadel Security 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 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 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 1 contract

Samples: Indemnification Agreement (Powerwave 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'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; 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 (Tailwind Financial 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 Bank Plus against Indemnitee, Indemnitee or 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 Bank Plus 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 1 contract

Samples: Indemnification Agreement (Bank Plus 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 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 or its affiliates 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 1 contract

Samples: Indemnification Agreement (Yp 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 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 1 contract

Samples: Indemnification Agreement (Somera Communications 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-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 (Nava Leisure Usa 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 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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Captura 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 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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Nava Leisure Usa 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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Clearcommerce 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, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Efficient Networks Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no --------------------- claim or cause --------------------- of action shall be asserted by or in the right of the Company against Indemniteeany of the Indemnitees, Indemnitee's estate, spouseIndemnitees' spouses, heirs, executors or personal or legal representatives after the expiration of two years from the date of accrual of such claim or cause of action, and any . 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 claim or cause of action, such shorter period shall govern.

Appears in 1 contract

Samples: Indemnification Agreement (Aastrom Biosciences 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 -------- ------- 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 (Symphonix Devices 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 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 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, action such shorter period shall govern.

Appears in 1 contract

Samples: Indemnity Agreement (Netpliance 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-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 (Netflix Com Inc)

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

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (El Pollo Loco 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 any of the Company Companies against Indemnitee, Indemnitee's estate, ’s spouse, heirs, executors or 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 any of the Company Companies 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 1 contract

Samples: Indemnification Agreement (Mobile Storage Group Inc)

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