Timely Claims. No less than ninety-five percent (95%) participation of all Eligible Enrollees who allege Claims that are “Timely Claims”. For purposes of this section, Timely Claims shall include those for which the time elapsed between the date of the Alleged Injury and the date of the filing of the Complaint or the date of the Notice of Intent to Opt In Form for Unfiled Claims is less than or equal to the length of time (statutory limitations period) specified in Appendix J hereto for the state where the applicable NuvaRing user resided at the time of the Alleged Injury.
Timely Claims. No action for breach of this Agreement or any other action to enforce any claim arising out of or in connection with the subject matter of this Agreement shall be brought by Customer against INEMSOFT more than one (1) year after Customer has notice that the cause of action has accrued.
Timely Claims. No action arising out of or in connection with the Software, the Services or this Agreement, regardless of form, may be brought by Licensee more than one (1) year after the occurrence of the events which gave rise to the cause of action.
Timely Claims. No party shall have any liability (for indemnification or otherwise) based upon any claim for indemnification arising out of the Breach of any representation or warranty contained in this Agreement or in any of the other Transaction Documents, to be fulfilled or complied with at or before the Closing unless such party is given notice asserting a claim with respect thereto prior to the termination of the applicable time period set forth under Section 9.1(a). Any representation or warranty as to which a claim for indemnification (including a contingent claim) shall have been asserted during the survival period shall continue in effect with respect to such claim until such claim shall have been finally resolved or settled.
Timely Claims. No action for breach of this Agreement or any other action to enforce any claim arising out of or in connection with the subject matter of this Agreement shall be brought by either Party more than two (2) years after the cause of action has occurred.
Timely Claims. Any claim for indemnification arising out of the breach of or inaccuracy of any representation or warranty contained in this Agreement, including the schedules hereto, must be made prior to the termination of the applicable time periods set forth under Section 9.1(a). Any representation or warranty as to which a claim for indemnification (including a contingent claim) shall have been asserted during the survival period shall continue in effect with respect to such claim until such claim shall have been finally resolved or settled.
Timely Claims. Except for actions for nonpayment or breach of Intellectual Property Rights, no action (regardless of form) arising out of this Agreement may be commenced by either party more than one (1) year after the cause of action has accrued. For purposes of this Agreement, a cause of action will be deemed to have accrued when a party knew or reasonably should have known of the breach or claimed breach.
