Document QXywJXVXNR2b7nEp8M6MzoNjv

Buyer has sent to both Seller and Abex (or to their re spective trustees in bankruptcy) a notice of claim re lating to Seller's indemnification obligations under this Agreement or to Abex's guaranty obligations with respect thereto, as the case may be (which claim may include the Present Value of all future indemnification obligations of Seller under this Agreement which would be reasonably expected to arise thereafter but shall, if made after the Supplemental Letter of Credit has been delivered pursuant hereto, be limited to Fourth Year Claims), which notice may be given in accordance with the notice provisions of the Agreement and the Mutual Guaranty Agreement, as the case may be, or may alternatively be in the form of a proof of claim and (z) 45 days (or, if fewer, the number of days (A) until the tenth day before the fourth anniver sary of the Closing Date, if no Supplemental Letter of Credit has been delivered by such date or (B) until the tenth day before the fifth anniversary of the Closing Date, if the Supplemental Letter of Credit has been deliv ered) have passed from the later of the date of such notice and the date of commencement of such case or pro ceeding, without Seller or Abex, as the case may be (in cluding their respective trustees in bankruptcy on their behalf), commencing arbitration proceedings with respect to such claim in accordance with Section 13.2(c) of this -111-