Survival Date. The indemnification obligations of each party (the "Indemnitor") obligated to provide indemnification to the other (the "Indemnitee") under Sections 7.01 an 7.02 shall lapse and become of no further force and effect with respect to all claims not made by Indemnitee's delivery to the Indemnitor of written notice containing details reasonably sufficient to disclose to Indemnitor the nature and scope of the claim by March 31, 2009 (the "Claims Period"); provided, however, that notwithstanding the forgoing, the Claims Period during which a claim for indemnification may be asserted with respect to: (a) Assumed Liabilities or Retained Liabilities shall continue indefinitely; (b) Sections 2.01 (Corporate), 2.02 (Authority), 3.01 (Corporate), 3.02 (Authority), 3.08 (Title to Properties) shall continue indefinitely; and (c) Sections 3.04 (Tax Matters) and 3.07(c) (Compliance with Laws and Orders; Environmental Laws) shall begin on the Closing Date and shall terminate as of the date of the expiration of the statute of limitations applicable to the subject matter thereof to which the claim for indemnification relates. (d) Sections 7.01(b) and 7.02(b) shall continue in effect as to each agreement referenced in such Sections that contemplates performance after the Closing, in accordance with the terms of such agreements, as long as any claim for indemnification in respect of a breach of such agreements is brought within six (6) months after the other party has become aware of facts giving reasonable notice that a breach has occurred. Any indemnification obligations arising under Section 7.01 or 7.02 shall lapse and become of no further force and effect with respect to all claims with respect to which Indemnitee does not timely give notice to Indemnitor in accordance with Section 7.06 or Section 7.07(b), as applicable. The intention of this Section 7.03 is to shorten the applicable statute of limitations for which to bring claims for indemnity under this Agreement.
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Survival Date. The indemnification obligations of each party (the "“Indemnitor"”) obligated to provide indemnification to the other (the "“Indemnitee"”) under Sections 7.01 an 7.02 5.01 and 5.02 shall lapse and become of no further force and effect with respect to all claims not made by Indemnitee's ’s delivery to the Indemnitor of written notice containing details reasonably sufficient to disclose to Indemnitor the nature and scope of the claim by March 31, 2009 the first anniversary of the date of this Agreement (the "Claims “Claim Period"”); provided, however, that notwithstanding the forgoing, the Claims Period during which a claim for indemnification may be asserted with respect to:
(a) Assumed Liabilities or Retained Liabilities shall continue indefinitely;
(b) Sections 2.01 (Corporate3.08(c), 2.02 (Authority4.05, 4.06, 5.02(c), 3.01 (Corporate5.02(d), 3.02 (Authority), 3.08 (Title to Properties5.02(e) and 6.06 shall continue indefinitely; and;
(c) Sections 3.04 (Tax Matters) 3.01, 3.02, and 3.07(c) (Compliance with Laws and Orders; Environmental Laws) 3.05 shall begin on the Closing Date and shall terminate as of the date of the expiration of the statute of limitations applicable to the subject matter thereof to which the claim for indemnification relates.; and
(d) Sections 7.01(bSection 5.01(b) and 7.02(b) 5.02(b), shall continue in effect as to each agreement referenced in such Sections that contemplates performance after the Closing, in accordance with the terms of such agreements, as long as ; provided that any claim for indemnification in respect of a breach of such agreements is must be brought within six one (61) months year after the other party has become aware discovery by the Indemnitee of facts giving reasonable notice that a breach has occurredsuch breach. Any indemnification obligations arising under Section 7.01 5.01 or 7.02 5.02 shall lapse and become of no further force and effect with respect to all claims with respect to which Indemnitee does not timely give notice to Indemnitor in accordance with Section 7.06 5.06 or Section 7.07(b5.07(b), as applicable. The intention of this Section 7.03 , except to the extent that the Indemnitor is not prejudiced by such failure to shorten give timely notice and such notice is given within the applicable statute of limitations for which to bring claims for indemnity under this AgreementClaim Period.
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