Common use of Continuing Obligation to Inform Clause in Contracts

Continuing Obligation to Inform. From time to time prior to the Closing, TJX and Seller will deliver or cause to be delivered to Buyer material supplemental information concerning events subsequent to the date hereof which would render any statement, representation or warranty in this Agreement or any information contained in any Schedule or Exhibit inaccurate or incomplete in any material respect at any time after the date hereof until the Closing. If Buyer receives any such supplemental information prior to the Closing, Buyer shall have the right to review such supplemental information for a period of five days from the receipt thereof and to object to any item of such supplemental information which was not contained in this Agreement or in the Schedules or Exhibits attached hereto within such five day period if such item is material to the Division taken as a whole. Any such objection shall be set forth in writing and shall state in detail the basis for such objection. If Buyer objects to any such item on the basis set forth above within such five day period then Buyer shall have as its sole remedy hereunder the option to terminate the Agreement within such five day period or to proceed with the Closing and, upon the Closing, Buyer shall be conclusively deemed to have waived all claims hereunder relating to such misrepresentation or breach of warranty (unless such supplemental information arises from a breach of a covenant under this Agreement by TJX or Seller, in which event Buyer may pursue the remedies available to it pursuant to this Agreement as limited by Section 9.6). If Buyer does not object within such five day period, such supplemental information shall be incorporated into this Agreement.

Continuing Obligation to Inform. From time to time prior to the ------------------------------- Closing, TJX and Seller CDM will deliver or cause to be delivered to Buyer material supplemental information concerning events subsequent to the date hereof which would render any statement, representation or warranty in this Agreement or any information contained in any Schedule or Exhibit inaccurate or incomplete in any material respect at any time after the date hereof until the ClosingClosing Date. If Buyer receives any such supplemental information prior to the Closing, Buyer shall have the right to review such supplemental information for a period of five days from the receipt thereof and to object to any item of such supplemental information which was not contained in this Agreement or in the Schedules or Exhibits attached hereto within such five day period if such item is material to the Division taken as has a wholeMaterial Adverse Effect. Any such objection shall be set forth in writing and shall state in detail the basis for such objection. If Buyer objects to any such item on the basis set forth above within such five day period then Buyer shall have as its sole remedy hereunder the option to terminate the Agreement within such five day period or to proceed with the Closing and, upon the Closing, Buyer shall be conclusively deemed to have waived all claims hereunder relating to such misrepresentation or breach of warranty (unless such supplemental information arises from a breach of a covenant under this Agreement by TJX or SellerCDM, in which event Buyer may pursue the remedies available to it pursuant to this Agreement as limited by Section 9.69). If Buyer does not object within such five day period, such supplemental information shall be incorporated into this Agreement.

Continuing Obligation to Inform. From time to time prior to the ------------------------------- Closing, TJX and Seller will deliver or cause to be delivered to Buyer material supplemental information concerning events subsequent to the date hereof which would render any statement, representation or warranty in this Agreement or any information contained in any Schedule or Exhibit inaccurate or incomplete in any material respect at any time after the date hereof until the Closing. If Buyer receives any such supplemental information prior to the Closing, Buyer shall have the right to review such supplemental information for a period of five days from the receipt thereof and to object to any item of such supplemental information which was not contained in this Agreement or in the Schedules or Exhibits attached hereto within such five day period if such item is material to the Division taken as a whole. Any such objection shall be set forth in writing and shall state in detail the basis for such objection. If Buyer objects to any such item on the basis set forth above within such five day period then Buyer shall have as its sole remedy hereunder the option to terminate the Agreement within such five day period or to proceed with the Closing and, upon the Closing, Buyer shall be conclusively deemed to have waived all claims hereunder relating to such misrepresentation or breach of warranty (unless such supplemental information arises from a breach of a covenant under this Agreement by TJX or Seller, in which event Buyer may pursue the remedies available to it pursuant to this Agreement as limited by Section 9.6). If Buyer does not object within such five day period, such supplemental information shall be incorporated into this Agreement.

Continuing Obligation to Inform. From time to time prior to the Closing, TJX and Seller CDM will deliver or cause to be delivered to Buyer material supplemental information concerning events subsequent to the date hereof which would render any statement, representation or warranty in this Agreement or any information contained in any Schedule or Exhibit inaccurate or incomplete in any material respect at any time after the date hereof until the ClosingClosing Date. If Buyer receives any such supplemental information prior to the Closing, Buyer shall have the right to review such supplemental information for a period of five days from the receipt thereof and to object to any item of such supplemental information which was not contained in this Agreement or in the Schedules or Exhibits attached hereto within such five day period if such item is material to the Division taken as has a wholeMaterial Adverse Effect. Any such objection shall be set forth in writing and shall state in detail the basis for such objection. If Buyer objects to any such item on the basis set forth above within such five day period then Buyer shall have as its sole remedy hereunder the option to terminate the Agreement within such five day period or to proceed with the Closing and, upon the Closing, Buyer shall be conclusively deemed to have waived all claims hereunder relating to such misrepresentation or breach of warranty (unless such supplemental information arises from a breach of a covenant under this Agreement by TJX or SellerCDM, in which event Buyer may pursue the remedies available to it pursuant to this Agreement as limited by Section 9.69). If Buyer does not object within such five day period, such supplemental information shall be incorporated into this Agreement.