Common use of Investigations; Representations and Warranties Clause in Contracts

Investigations; Representations and Warranties. The representations, warranties and covenants of Seller and Purchaser set forth in this Agreement shall not be extinguished by the Closing and shall survive the Closing Date. Notwithstanding anything to the contrary set forth in this Section 10.4, (i) the indemnification obligations of Seller and Purchaser set forth in Sections 9.1 and 9.5, respectively, shall survive the Closing and shall terminate on the expiration of the applicable statutes of limitation relative to the liability relating to such indemnification obligations and (ii) this Section 10.4 shall not limit or restrict Seller or Purchaser's remedy against the other or any other person for fraud, willful misconduct, bad faith or any other intentional breach of any representation, warranty, covenant or agreements contained herein.