Common use of Time of Assertion Clause in Contracts

Time of Assertion. Notwithstanding anything in this Section 9 to the contrary, no indemnification for breaches of representations and warranties shall be payable by either party with respect to matters as to which it has not received notice from the Claimant prior to April 30, 2002, except that there shall be no limitation on the time during which indemnification may be sought or obtained for a breach of any representation or warranty contained in Section 4(b), (e), (f), (g), (i) or (m), or for any instance of fraud.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Netzee Inc), Asset Purchase Agreement (Homecom Communications Inc)