Common use of Continuity of the representations, warranties and covenants by the Optionee Clause in Contracts

Continuity of the representations, warranties and covenants by the Optionee. The representations, warranties and covenants of the Optionee contained in this Article “4”, or in any certificates or documents delivered pursuant to the provisions of this Agreement or in connection with the transactions contemplated hereby, will be true at and as of the Closing Date as though such representations, warranties and covenants were made at and as of such time. Notwithstanding any investigations or inquiries made by the Optionors or by the Optionors’ professional advisors prior to the Closing Date, or the waiver of any condition by the Optionors, the representations, warranties and covenants of the Optionee contained in this Article “4” shall survive the Closing Date and shall continue in full force and effect for a period of one year from the Closing Date; provided, however, that the Optionee shall not be responsible for the breach of any representation, warranty or covenant of the Optionee contained herein caused by any act or omission of the Optionors prior to the Effective Date hereof of which the Optionee was unaware or as a result of any action taken by the Optionors after the Effective Date. In the event that any of the said representations, warranties or covenants are found by a court of competent jurisdiction to be incorrect and such incorrectness results in any loss or damage sustained directly or indirectly by the Optionors, then the Optionee will pay the amount of such loss or damage to the Optionors within 30 calendar days of receiving notice of judgment therefor; provided, however, that the Optionors will not be entitled to make any claim unless the loss or damage suffered may exceed the amount of U.S. $1,000.

Continuity of the representations, warranties and covenants by the Optionee. The representations, warranties and covenants of the Optionee contained in this Article “"4”", or in any certificates or documents delivered pursuant to the provisions of this Agreement or in connection with the transactions contemplated hereby, will be true at and as of the Closing Date as though such representations, warranties and covenants were made at and as of such time. Notwithstanding any investigations or inquiries made by either the Optionors Optionor or the Company, or by the Optionors’ Optionor's or the Company's respective professional advisors prior to the Closing Date, or the waiver of any condition by either the OptionorsOptionor or the Company, the representations, warranties and covenants of the Optionee contained in this Article “"4” " shall survive the Closing Date and shall continue in full force and effect for a period of one year 90 calendar days from the Closing Date; provided, however, that the Optionee shall not be responsible for the breach of any representation, warranty or covenant of the Optionee contained herein caused by any act or omission of either the Optionors Optionor or the Company prior to the Effective Execution Date hereof of which the Optionee was unaware or as a result of any action taken by either the Optionors Optionor or the Company after the Effective Execution Date. In the event that any of the said representations, warranties or covenants are found by a court Court of competent jurisdiction to be incorrect and such incorrectness results in any loss or damage sustained directly or indirectly by either the OptionorsOptionor and/or the Company, then the Optionee will will, in accordance with the provisions of Article "15" hereinbelow, pay the amount of such loss or damage to either the Optionors Optionor and/or the Company, as the case may be, within 30 calendar days of receiving notice of judgment therefor; provided, however, provided that the Optionors Optionor and the Company will not be entitled to make any claim unless the loss or damage suffered may exceed the amount of U.S. $1,000.

Continuity of the representations, warranties and covenants by the Optionee. The representations, warranties and covenants of the Optionee contained in this Article “4”"2", or in any certificates or documents delivered pursuant to the provisions of this Agreement or in connection with the transactions contemplated hereby, will be true at and as of the Closing Date as though such representations, warranties and covenants were made at and as of such time. Notwithstanding any investigations or inquiries made by the Optionors Optionor or by the Optionors’ Optionor's professional advisors prior to the Closing Date, or the waiver of any condition by the OptionorsOptionor, the representations, warranties and covenants of the Optionee contained in this Article “4” "2" shall survive the Closing Date and shall continue in full force and effect for a period of one year from the Closing Date; provided, however, that the Optionee shall not be responsible for the breach of any representation, warranty or covenant of the Optionee contained herein caused by any act or omission of the Optionors Optionor prior to the Effective Execution Date hereof of which the Optionee was unaware or as a result of any action taken by the Optionors Optionor after the Effective Execution Date. In the event that any of the said representations, warranties or covenants are found by a court of competent jurisdiction to be incorrect and such incorrectness results in any loss or damage sustained directly or indirectly by the OptionorsOptionor, then the Optionee will pay the amount of such loss or damage to the Optionors Optionor within 30 calendar days of receiving notice of judgment therefor; provided, however, that the Optionors Optionor will not be entitled to make any claim unless the loss or damage suffered may exceed the amount of U.S. $1,000.