Survival of Seller’s Representations and Warranties. The representations and warranties set forth in this Section 5 are made as of the Effective Date and are remade as of the Closing Date and shall not be deemed to be merged into or waived by the instruments of Closing, but shall survive the Closing until 11:59 p.m. Pacific Time on the first anniversary of the date of Closing (“Survival Expiration Date”). Buyer shall have the right to bring an action thereon only if Buyer has given Seller written notice of the circumstances giving rise to the alleged breach on or before the Survival Expiration Date.
Appears in 5 contracts
Samples: Purchase and Sale Agreement and Escrow Instructions, Purchase and Sale Agreement (Gilead Sciences Inc), Purchase and Sale Agreement (Electronics for Imaging Inc)
