Common use of Material Misrepresentation as of Effective Date Clause in Contracts

Material Misrepresentation as of Effective Date. If the representations and warranties and other statements made by a Party hereunder misrepresent a material fact as of the Effective Date, and such misrepresentation has a material adverse effect and such effect is not cured within sixty (60) days from the earlier of (a) notice from the Non-Defaulting Party or (b) the discovery or determination by the Defaulting Party of the misrepresentation; except that if the Defaulting Party commences an action to cure such misrepresentation within such sixty (60)-day period, and thereafter proceeds with all due diligence to cure such failure, the cure period shall extend for an additional sixty (60) days.

Material Misrepresentation as of Effective Date. If the representations and warranties and other statements made by a Party hereunder misrepresent a material fact as of the Effective Date, and such misrepresentation has a material adverse effect and such effect is not cured within sixty thirty (6030) days from the earlier of (a) notice from the Nonnon-Defaulting breaching Party or and (b) the discovery or determination by the Defaulting breaching Party of the misrepresentation; except provided, that if the Defaulting breaching Party commences an action to cure such misrepresentation within such sixty (60)-day 30-day period, and thereafter proceeds with all due diligence to cure such failure, the cure period shall extend for an additional sixty thirty (6030) days.