TIME FOR SUIT Clause Samples

TIME FOR SUIT. Save for the indemnity provisions under Clauses 6.5, 18 and 19 hereof, any claim which may arise out of or in connection with this Agreement or any of the services performed hereunder shall be notified by telex, facsimile, e-mail, cable or otherwise in writing to the party against whom such claim is made within 6 months of completion or termination of the services hereunder and any suit shall be brought within one year of the time when the cause of action first arose. If either of these conditions is not complied with the claim and all rights whatsoever and howsoever shall be absolutely barred and extinguished.

TIME FOR SUIT. Superior shall be discharged of all liability unless suit is brought in the proper forum within one year after the delivery of the goods or the day that the goods should have been delivered. In the event that a one-year time period shall be found contrary to any convention or law that is compulsorily applicable, the period prescribed by such convention or law shall apply. Should Superior successfully defend itself for any legal actions brought by any party with an interest in this shipment, Superior shall be entitled to reasonable attorney fees and costs.

TIME FOR SUIT. If payment bond is recorded before completion of work of improvement, an action to enforce the liability on the bond may not be commenced later than six months after completion of work of improvement. Statutory Citation: California Civil Code, Division 4, Part 6, Title 2, Chapter 6, §§8600 to 8614; Title 3, Chapter 3, §§9300 to 9306; COLORADO Types of Projects: Any railroad, reservoir, or irrigating canal company contracting for the construction of its railroad, reservoir, or irri- gating canal, or any part thereof. Any contract for more than $50,000 with any county, municipality, or school district for the construction of any public building or the prosecution or completion of any public works or for repairs upon any public building or public works. Any con- tract for more than $100,000 for the construction of any public work for the State of Colorado. (§§▇▇-▇▇-▇▇▇, ▇▇-▇▇-▇▇▇, ▇▇-▇▇-▇▇▇, C.R.S.).

TIME FOR SUIT. At any time after the expiration of 90 days after claimant performed the last of the labor or furnished the last of the mate- rial for which he claims payment, but no such suit may be commenced after the expiration of the “longer period of one year from the day on which the last of the labor was performed or material was furnished by the claimant, or one year from the day on which final settlement was made with the contractor.” Contracts Excluded: Under $300,000 ($500,000 for state contracts), from any contractor with a contract less than $50,000. Penalty for Failure to Take Bond: Designated official who fails to require the bonds guilty of a Class 1 misdemeanor. Statutory Citation: North Carolina General Statutes, Chapter 44A, Article 2, Part 1, §§44A-25 to 44A-35. NORTH DAKOTA Amount of Bond: The amount of a bond obtained from a contractor on a public project shall be at least equal to the price stated in the contract. (§48-01.2-10).

TIME FOR SUIT. As to any loss or damage presumed to have occurred during the Carrier's period of responsibility, the Carrier must be notified in writing of any such loss or damage or claim before or at the time of discharge/removal of the Goods by the Merchant or, if the loss or damage is not then apparent, within 3 consecutive days after discharge/delivery or the date when the Goods should have been discharged/delivered. If not so notified, discharge, removal or delivery, depending upon the law applicable, shall be prima facie evidence of discharge/delivery in good order by the Carrier of such Goods. In any event, the Carrier shall be discharged from all liability of whatsoever nature unless suit is brought within 1 year after delivery of the Goods or the date when the Goods should have been delivered, provided however, that if any claim should arise during a part of the transport which is subject by applicable law and/or tariff and/or contract to a shorter period for notice of claim or commencement of suit, any liability whatsoever of the Carrier shall cease unless proper claim is made in writing and suit is brought within such shorter period. Suit shall not be deemed "brought" unless jurisdiction shall have been obtained over the Carrier by service of process or by an agreement to appear. In the event this provision should be held invalid during that period in which compulsory legislation shall apply of its own force and effect, such as during the tackle-to-tackle period, it shall nevertheless apply during all non- compulsory periods during which the Carrier remains responsible for the Goods.

TIME FOR SUIT. We shall be discharged of all liability unless suit is brought in the proper forum within one year after the delivery of the goods or the day that the goods should have been delivered. In the event that a one year time period shall be found contrary to any convention or law that is compulsory applicable, the period prescribed by such convention or law shall apply.

TIME FOR SUIT. No action on a payment bond shall be commenced after the expiration of one year from the date that the public entity accepted the completion of the project. This limitation does not override the timing provisions/limitations contained in the bond itself and is only acceptable if the bond is otherwise silent.

TIME FOR SUIT. All and any suits if any must be brought within 6 months of the services being terminated failing which they are time-barred.