Common use of DISCLOSURE OF BREACH DISCOVERED Clause in Contracts

DISCLOSURE OF BREACH DISCOVERED. In the course of their due diligence whether before, upon or following the date first above written and prior to the Closing Date, should a party discover any material fact or omission to disclose a material fact that they believe to constitute a breach of a representation or warranty hereunder, such party shall promptly disclose such fact or omission to all other parties hereto. In the event that the discovering party proceeds with signing this Agreement and/or a Closing despite actual knowledge of any such fact or omission, for all purposes such actual knowledge shall result in a waiver of the applicable breach of this Agreement.

DISCLOSURE OF BREACH DISCOVERED. In the course of their due diligence whether before, upon or following the date first above written and prior to the Closing Date, should a party discover any material fact or omission to disclose a material fact that they believe to constitute a breach of a representation or warranty hereunder, such party shall promptly disclose such fact or omission to all other parties hereto. In the event that the discovering party proceeds with signing this Agreement and/or a Closing despite actual knowledge of any such fact or omission, for all purposes such actual knowledge shall result in a waiver of the applicable breach of this Agreement.