Assertion of Claims. No claim, cause or demand of any kind shall be asserted against any Party, whether arising out of contract, tort (including negligence), strict liability, or any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a demand for arbitration is made, within the applicable statute of limitations period for such claim, cause or demand.
Appears in 5 contracts
Sources: Power Purchase and Interconnection Agreement, Power Purchase and Interconnection Agreement, Power Purchase and Interconnection Agreement
Assertion of Claims. No claim, cause or demand claims of any kind shall be asserted against any Party, or its Affiliates, whether arising out of contract, tort (including negligence), strict liability, or any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a demand for arbitration is made, jurisdiction within the applicable statute of limitations period for such claim, cause or demand.
Appears in 2 contracts
Sources: Operation and Maintenance Services Agreement, Operation & Maintenance Services Agreement (Otter Tail Corp)
Assertion of Claims. No claim, cause or demand Claim of any kind shall be asserted against any either Party or such Party’s officers, agents, employees, successors or assigns, whether arising out of contract, tort (including negligence), strict liability, liability or any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a demand for arbitration is made, jurisdiction within the applicable statute of limitations period for such claim, cause or demandClaim.
Appears in 2 contracts
Sources: Master Equipment Purchase Contract, Master Services Purchase Contract
Assertion of Claims. No claim, cause or demand Claims of any kind shall be asserted against any Partyparty, its Affiliates or Associates, whether arising out of contract, tort (including negligenceNegligence), strict liability, or any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a demand for arbitration is made, within the applicable statute of limitations period for such claim, cause or demandClaim.
Appears in 1 contract
Sources: Capacity Sale Agreement (Maxcom Telecommunications Inc)
Assertion of Claims. No claim, cause or demand of any kind shall be asserted de against any Party, whether arising out of contract, tort (including negligence), strict liability, or incl any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a c demand for arbitration is made, within the applicable statute of limitations period for such claim, cause or demand.
Appears in 1 contract
Assertion of Claims. No claim, cause or demand of any kind shall be asserted de against any Party, whether arising out of contract, tort (including negligence), strict liability, or incl any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a c demand for arbitration is made, within the applicable statute of limitations period for such claim, cause or demand.
Appears in 1 contract
Assertion of Claims. No claim, cause or demand Claims of any kind shall be asserted against any Partyparty, its Affiliates or Associates, whether arising out of contract, tort (including negligenceNegligencE), strict liability, or any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a demand for arbitration is made, within the applicable statute of limitations period for such claim, cause or demandClaim.
Appears in 1 contract
Sources: Capacity Sale Agreement (Maxcom Telecommunications Inc)