Common use of Limitation as to Time Clause in Contracts

Limitation as to Time. No Indemnifying Party shall be liable for any Indemnified Costs pursuant to this Article V unless a written claim for indemnification in accordance with Section 5.3 or 5.4 is given by the Indemnified Party to the Indemnifying Party with respect thereto on or before the later to occur of (i) two years from the conversion of the Conversion Note, or (ii) provided the Conversion Note has not previously been converted for Conversion Shares, six months after maturity of the Conversion Note.

Limitation as to Time. No Indemnifying Party shall be liable --------------------- for any Indemnified Costs pursuant to this Article V unless a written claim for indemnification in accordance with Section 5.3 or 5.4 is given by the Indemnified Party to the Indemnifying Party with respect thereto on or before the later to occur of (i) two years from the conversion of the Conversion Note, or (ii) provided the Conversion Note has not previously been converted for Conversion Shares, six months after maturity of the Conversion Note.