Common use of PERIOD OF LIMITATIONS Clause in Contracts

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation or any affiliate of the Corporation against Director, Director'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 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 5 contracts

Samples: Indemnity Agreement (McLeodusa Inc), Indemnity Agreement (McLeodusa Inc), Indemnity Agreement (McLeodUSA Holdings Inc)

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PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate of the Corporation Company against Directorthe Executive, Directorthe Executive'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 Corporation Company or its any 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 4 contracts

Samples: Employment Agreement (Teraforce Technology Corp), Employment Agreement (Monarch Dental Corp), Employment Agreement (Teraforce Technology Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation or any affiliate of the Corporation Company against DirectorCovered Agent, Director'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 Corporation or its affiliate 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 (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 on behalf in the right of the Corporation or any affiliate of the Corporation Company against Director, Director'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 Corporation or its affiliate 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 (Schlumberger LTD /Nv/), Indemnification Agreement (Schlumberger LTD /Nv/)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation Company against the Indemnitee or any affiliate of the Corporation against Directorhis or her estate, Director's spouse, heirs, successors, assigns, affiliates, insurers, executors or personal or legal representatives after the expiration of two (2) years from the date of accrual of such cause of action, and any claim or cause of action of the Corporation or its affiliate 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 (Pinnacle Oil International Inc), Indemnification Agreement (Pinnacle Oil International Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation or any affiliate of the Corporation Company against DirectorIndemnified Person, DirectorIndemnified 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 Corporation or its affiliate 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 (Silicon Energy Corp), Indemnification Agreement (Omnisky Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate Affiliate of the Corporation Company against Directorthe Executive, Directorthe Executive'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 Corporation Company or its affiliate any 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 2 contracts

Samples: Employment Agreement (Home Solutions of America Inc), Employment Agreement (American Eco Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation Company or any affiliate of the Corporation Company against Directorthe Employee, Directorthe 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 Corporation Company or its affiliate affiliates 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, 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 on behalf of in the Corporation or any affiliate right of the Corporation against Director, Director'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 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: Director Indemnification Agreement (SCOLR Pharma, Inc.), Director Indemnification Agreement (Infocus Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate of the Corporation Company against Directorthe Executive, Directorthe Executive'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 Corporation Company or its any 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: Employment Agreement (Monarch Dental Corp), Employment Agreement (Monarch Dental Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation or any affiliate of Company against the Corporation against Director, the Director'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 Corporation or its affiliate 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 2 contracts

Samples: Fund and Director Indemnification Agreement (Baozun Inc.), Fund and Director Indemnification Agreement (Baozun Cayman Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of in the Corporation or any affiliate right of the Corporation against DirectorOfficer, Director's Officer’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 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 1 contract

Samples: Officer Indemnification Agreement (SCOLR Pharma, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company (or any affiliate Affiliate of the Corporation Company) against Director/Officer, Director/Officer'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 Corporation or its affiliate 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 1 contract

Samples: Officer Indemnification Agreement (Florida Rock Industries Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation or any affiliate of Company against the Corporation against DirectorAgent, Director's the Agent’s spouse, assigns, heirs, executors devisees, executors, administrators 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 Corporation or its affiliate 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 1 contract

Samples: Form of Indemnity Agreement (Plum Creek Timber Co Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation or any affiliate of the Corporation Company against DirectorAgent, DirectorAgent'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 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, action such shorter period shall govern.

Appears in 1 contract

Samples: Indemnity Agreement (Sangstat Medical Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of in the Corporation or any affiliate right of the Corporation against Director, the Director or the Director's spouse, estate, 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 actin of the Corporation or its affiliate shall be extinguished and deemed released unless asserted by the timely filing of o f 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 (Dobson Communications Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Bancorp or any affiliate of Bancorp against Director or the Corporation against Director, Director's spouse, heirs, executors estate or personal or legal representatives representative of Director 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 Corporation Bancorp 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 1 contract

Samples: Indemnification Agreement (Us Bancorp \De\)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate of the Corporation Company against Director, Director's 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 Corporation Company or its affiliate 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 1 contract

Samples: Agreement (Ply Gem Industries Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause --------------------- of action shall be asserted by or on behalf in the right of the Corporation or any affiliate of the Corporation Company against DirectorXxxxxxxxxx, Director's spousexxxxxx, heirsxxxxx, executors xxxxxxxxx, 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 Corporation or its affiliate 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 (Paymap Inc)

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PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation or any affiliate of the Corporation against Director, Director's Officer or Officer’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 Corporation or its affiliate 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, such shorter period shall govern. 9.

Appears in 1 contract

Samples: Indemnification Agreement (Cheesecake Factory Incorporated)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation or any affiliate of the Corporation against Director, Director'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 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 1 contract

Samples: Indemnity Agreement (PAETEC Holding Corp.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate of the Corporation Company against Director, Director'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 Corporation 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 1 contract

Samples: Director Agreement (Dwango North America Corp)

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

Appears in 1 contract

Samples: Indemnification Agreement (RoomStore, Inc.)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate of the Corporation Company against Directorthe Executive, Directorthe Executive'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 Corporation Company or its any affiliate shall be extinguished and deemed released unless asserted by the timely filing filling 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: Employment Agreement (Monarch Dental Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate of the Corporation Company against Directorthe Executive, Directorthe Executive'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 Corporation Company or its any affiliate shall be extinguished and deemed released unless asserted by the timely filing filling 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: Employment Agreement (Monarch Dental Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation or any affiliate of the Corporation Company against DirectorAgent, DirectorAgent'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 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, action such shorter period shall govern.

Appears in 1 contract

Samples: Indemnity Agreement (Openwave Systems Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate Affiliate of the Corporation Company against Directorthe Executive, Director's the Executive"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 Corporation Company or its affiliate any 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: Employment Agreement (American Eco Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and --------------------- no cause of action shall be asserted by or on behalf of the Corporation Company or any affiliate Affiliate of the Corporation Company against Directorthe Executive, Directorthe Executive'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 Corporation Company or its affiliate any 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: Employment Agreement (American Eco Corp)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf in the right of the Corporation or any affiliate of the Corporation Company against DirectorIndemnified Person, DirectorIndemnified 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 Corporation or its affiliate 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 (Liquor Com Inc)

PERIOD OF LIMITATIONS. No legal action shall be brought and no cause of action shall be asserted by or on behalf of the Corporation Company (or any affiliate Affiliate of the Corporation Company) against DirectorDirector/ Officer, Director/Officer'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 Corporation or its affiliate 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 1 contract

Samples: Officer Indemnification Agreement (Patriot Transportation Holding Inc)

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