Beneficiaries shall join to proceedings against Another Liable Party, unless doing so is prohibited by law.
34.3 Where despite the provisions of this clause 34 the extent of the KPMG Proportion is not determined, the question shall be referred on request to an expert, to be appointed by agreement, who shall act as an expert and not as an arbitrator and whose decision on the KPMG Proportion shall be final and enforceable in satisfaction of any prior judgment.
35. We accept the benefit of the limitations in clause 33 and clause 34 above on our own behalf and as agent for each and all other KPMG Persons who may be or might have been involved in delivering the Services.
The exclusion in clause 32 and the limitations of our liabilities specified in clause 33 and clause 34 shall not operate to exclude or limit any liability which cannot lawfully be excluded or limited and shall apply in addition to any other clauses which may operate to exclude or limit our liability in other respects.
36. You hereby agree as follows:
36.1 You and Other Beneficiaries shall not bring any claim against any KPMG Person other than the KPMG contracting party in respect of loss or damage suffered by you or by Other Beneficiaries arising out of or in connection with the Services. This restriction shall not operate to limit or exclude the liability of the KPMG contracting party as a firm or company for the acts or omissions of any other KPMG Person.
36.2 Any claim from you or Other Beneficiaries in respect of loss or damage suffered as a result of, arising from or in connection with the Services Contract, whether in contract or tort or under statute or otherwise, must be made
where Services have been delivered, within three years of the date on which the work giving rise to the claim was performed
if the Services Contract has been terminated, within three years of the date of termination (subject to the bullet point above)
if the loss or damage is suffered as a result of, arising from or in connection with our unauthorized disclosure of Confidential Information, within three years of the date on which the unauthorised disclosure took place
and in any of these cases that shall be the date when the earliest cause of action (in contract or tort or under statute or otherwise) shall be deemed to have accrued in respect of the relevant claim. For the purposes of this