Time Period for Claims. No Indemnified Party shall be entitled to make any claim for indemnification for the inaccuracy of any representation or warranty unless such claim shall have been made in writing no later than fifteen (15) months after the Effective Date, except that (i) a claim for the inaccuracy of a Fundamental Representation or any representation relating to Tax matters (including the representations made in Section 3.2(k)), may be made at any time until thirty (30) days following the expiration of the applicable statute of limitations relevant to such representation, (ii) a claim regarding any representation relating to environmental matters (including the representations made in Section 3.2(n)) may be made up to three (3) years after the Effective Date and (iii) a claim regarding any representation relating to the Cash Grant (including the representations made in Section 3.2(ii)) may be made at any time until thirty (30) days following the earlier of (A) the receipt of the Cash Grant by the Project Entities, or (B) final written confirmation from the U.S. Department of Treasury of the full approved amount of the Cash Grant.
Appears in 3 contracts
Sources: Equity Participation Agreement (BrightSource Energy Inc), Equity Participation Agreement (BrightSource Energy Inc), Equity Participation Agreement (BrightSource Energy Inc)