Common use of Failure to Provide Notice within Survival Period Clause in Contracts

Failure to Provide Notice within Survival Period. Notwithstanding anything else to the contrary in this Agreement, an Indemnitee which is seeking defense or indemnification for a breach of any representations or warranties shall be entitled to indemnification for such breach only if the Indemnitee has given written notice to the Indemnitor in accordance with Section 15.5.1 prior to the expiration of the applicable Survival Period.

Appears in 7 contracts

Samples: Purchase and Sale Agreement (Braemar Hotels & Resorts Inc.), Purchase and Sale Agreement (Carey Watermark Investors Inc), Purchase and Sale Agreement (Chesapeake Lodging Trust)

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Failure to Provide Notice within Survival Period. Notwithstanding anything else to the contrary in this Master Purchase and Sale Agreement, an Indemnitee which is seeking defense or indemnification for a breach of any representations or warranties shall be entitled to indemnification for such breach only if the Indemnitee has given written notice to the Indemnitor in accordance with Section 15.5.1 hereof prior to the expiration of the any applicable Survival Periodsurvival period described herein.

Appears in 2 contracts

Samples: Master Purchase and Sale Agreement (Hersha Hospitality Trust), Master Purchase and Sale Agreement (Hersha Hospitality Trust)

Failure to Provide Notice within Survival Period. Notwithstanding anything else to the contrary in this Agreement, an Indemnitee which is as a condition precedent to seeking defense or indemnification for a breach of any representations or warranties shall be entitled to indemnification for such breach only if the Indemnitee has given written notice to the Indemnitor in accordance with Section 15.5.1 prior to the expiration of fifteen (15) days beyond the applicable Survival Period.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Forestar Group Inc.)

Failure to Provide Notice within Survival Period. Notwithstanding anything else to the contrary in this Agreement, an Indemnitee which is seeking defense or indemnification for a breach of any representations or warranties shall be entitled to indemnification for such breach only if the Indemnitee has given written notice to the Indemnitor in accordance with Section 15.5.1 XV.E.1 prior to the expiration of the applicable Survival Period.

Appears in 1 contract

Samples: Purchase and Sale Agreement (DiamondRock Hospitality Co)

Failure to Provide Notice within Survival Period. Notwithstanding anything else to the contrary in this Agreement, an Indemnitee which is seeking defense or indemnification for a breach of any representations or warranties shall be entitled to indemnification for such breach only if the Indemnitee has given written notice to the Indemnitor in accordance with Section 15.5.1 15.5(a) prior to the expiration of the applicable Survival Period.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Apple Hospitality REIT, Inc.)

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Failure to Provide Notice within Survival Period. Notwithstanding anything else to the contrary in this Agreement, an Indemnitee which that is seeking defense or indemnification for a breach of any representations or warranties under this Agreement shall be entitled to defense or indemnification for such breach only if the Indemnitee has given written notice to the Indemnitor in accordance with Section 15.5.1 prior to 15.4.1 before the expiration of the applicable Survival Period.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Alpine Acquisition Corp.)

Failure to Provide Notice within Survival Period. Notwithstanding anything else to the contrary in this Agreement, an Indemnitee which is seeking defense or indemnification for any Indemnification Loss as a result of a breach of any representations a representation or warranties warranty herein shall be entitled to indemnification for such breach only if the Indemnitee has given written notice to the Indemnitor in accordance with Section 15.5.1 prior to the expiration of the applicable Survival Period.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Lasalle Hotel Properties)

Failure to Provide Notice within Survival Period. Notwithstanding anything else to the contrary in this Agreement, an Indemnitee which is seeking defense or indemnification for a breach of any representations or warranties Indemnification Loss shall be entitled to indemnification for such breach only if the Indemnitee has given written notice to the Indemnitor in accordance with Section 15.5.1 prior to the expiration of the applicable Survival Period, if any.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ashford Hospitality Trust Inc)

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