Common use of Limitation on Actions Clause in Contracts

Limitation on Actions. 28.1 Except with respect to any indemnification obligations in Article 12, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 28.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 47 contracts

Sources: General Terms and Conditions, General Terms and Conditions for Contracts, General Terms and Conditions for Contracts

Limitation on Actions. 28.1 27.1 Except with respect to any indemnification obligations in Article 1211, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.222.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 28.2 27.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 19 contracts

Sources: General Terms and Conditions for Institutional Contracts, General Terms and Conditions for Institutional Contracts, General Terms and Conditions for Institutional Contracts

Limitation on Actions. 28.1 23.1 Except with respect to any indemnification obligations in Article 126, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.217.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 28.2 23.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 12 contracts

Sources: General Conditions of Contract for Provision of Goods, General Conditions of Contract for Provision of Goods Only, General Conditions of Contract for the Provision of Goods

Limitation on Actions. 28.1 25.1 Except with respect to any indemnification obligations in Article 12, 6 above, or as are otherwise set forth in the Contract, any arbitral conciliation proceedings in accordance with Article 23.2, 20 above, arising out of the Contract must be commenced within three years twelve (12) months after the cause of action has accrued. 28.2 25.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 6 contracts

Sources: Contract for Services, Contract for Services, Contract for Services

Limitation on Actions. 28.1 21.1 Except with respect to any indemnification obligations in Article 125, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.216.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 28.2 21.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 5 contracts

Sources: Contract for De Minimis Services, Long Term Aircraft Charter Agreement, Long Term Aircraft Charter Agreement

Limitation on Actions. 28.1 Except with respect to any indemnification obligations in Article 129, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.217, above, arising out of the Contract must be commenced within three (3) years after the cause of action has accrued. 28.2 . The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.,

Appears in 5 contracts

Sources: Individual Contractor Agreement, Long Term Agreement for the Provision of Services, Individual Contractor Agreement

Limitation on Actions. 28.1 Except with respect to any indemnification obligations in Article 127, above, or as are otherwise set forth in the Individual Contract, any arbitral proceedings in accordance with Article 23.2, 17 above, arising out of the Individual Contract must be commenced within three years after the cause of action has accrued. 28.2 . The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Individual Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 5 contracts

Sources: Contract for the Services of an Individual Contractor, Contract for the Services of an Individual Contractor, Consultant Procurement Notice

Limitation on Actions. 28.1 25.1 Except with respect to any indemnification obligations in Article 128, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.219.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 28.2 25.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 5 contracts

Sources: Long Term Agreement for Supply, Long Term Agreement (Lta) for the Provision of Printing Services, Long Term Agreement for Printing Services

Limitation on Actions. 28.1 24.1 Except with respect to any indemnification obligations in Article 127, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.218.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 28.2 24.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 4 contracts

Sources: General Conditions of Contract for the Provision of Goods and Services, General Conditions of Contract for the Provision of Goods and Services, General Conditions of Contract for the Provision of Goods and Services

Limitation on Actions. 28.1 25.1 Except with respect to any indemnification obligations in Article 126, above, or as are otherwise set forth in the Contract, any arbitral conciliation proceedings in accordance with Article 23.2, 20 above, arising out of the Contract must be commenced within three years twelve (12) months after the cause of action has accrued. 28.2 25.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 4 contracts

Sources: Contract for Rehabilitation of Irrigation Schemes, Contract for Rehabilitation of Irrigation Schemes, Contract for Rehabilitation of Irrigation Schemes

Limitation on Actions. 28.1 Except with respect to any indemnification obligations in Article 12, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 28.2 . The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 2 contracts

Sources: General Terms and Conditions, General Terms and Conditions for Contracts

Limitation on Actions. 28.1 22.1 Except with respect to any indemnification obligations in Article 126, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 23.217.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 28.2 22.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 2 contracts

Sources: Contract for the Provision of Goods and Services, Telecommunications

Limitation on Actions. 28.1 Except with respect to any indemnification obligations in Article 127, above, or as are otherwise set forth in the Individual Contract, any arbitral proceedings in accordance with Article 23.2, 17 above, arising out of the Individual Contract must be commenced within three years after the cause of action has h as accrued. 28.2 . The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and systemand the discovery of the breach consequently must await the time t ime when such goods or other process or system is ready to perform in accordance with the requirements of the Individual Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 1 contract

Sources: Contract for the Services of an Individual Contractor

Limitation on Actions. 28.1 Except with respect to any indemnification obligations in Article 121411, above, or as are otherwise set forth in the Contractthis Agreement, any arbitral proceedings in accordance with Article 23.216.212, above, arising out of the Contract this Agreement must be commenced within three years after the cause of action has accrued. 28.2 . The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contractthis Agreement, the cause of action accrues when such time of future performance actually begins.

Appears in 1 contract

Sources: Pro Bono Agreement

Limitation on Actions. 28.1 Except with respect to any indemnification obligations in Article 128, above, above or as are otherwise set forth in the Contract, any conciliation/arbitral proceedings in accordance with Article 23.218, above, arising out of the Contract must be commenced within three years twelve (12) months after the cause of action has accrued. 28.2 . The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins.

Appears in 1 contract

Sources: Contract