Common use of Non-Survival of Representations, Warranties and Agreements Clause in Contracts

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.1, as the case may be, except that the agreements set forth in Article II, Section 6.8 and Section 6.10 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) and 9.3 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.18.01, as the case may be, except that the agreements set forth in Articles II and this Article II, Section 6.8 and Section 6.10 IX shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) and 9.3 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties warranties, covenants and agreements in this Agreement shall will terminate at the Effective Time or the earlier termination of this Agreement pursuant to Section 8.17.1, as the case may be; provided, except however, that if the agreements set forth in Article IIMerger is consummated, Sections 1.6, 2.1 through 2.4, 5.6, 5.9 and this Section 6.8 and Section 6.10 shall 8.3 will survive the Effective Time indefinitely to the extent contemplated by such Sections; provided, further, that Section 5.18, the last sentence of Section 5.6 and those set forth all of Section 8.2 will in Sections 6.5(b), 6.5(c), 8.2(b) and 9.3 shall all events survive any termination indefinitelyof this Agreement.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.19.01, as the case may be, except that the agreements set forth in Article IIII and Article III and Sections 7.06, Section 6.8 7.07 and Section 6.10 7.14 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b7.02(c) and in Section 7.02(e), 6.5(c), 8.2(b) Article IX and 9.3 Article X hereof shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time Tender Offer Acceptance Date or the upon termination of this Agreement pursuant to Section 8.18.01, as the case may be, except that the agreements set forth in Article IISection 6.01, Section 6.8 6.02 and Section 6.10 6.03 shall survive until the Effective Time indefinitely Date and those the agreements set forth in Articles II and IX and Sections 6.5(b6.03(c), 6.5(c)6.06, 8.2(b) 6.07, 6.12, 6.13 and 9.3 6.14 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.18.01, as the case may be, except that the agreements set forth in Article II, Section 6.8 Articles II and Section 6.10 IX and Sections 6.06(a) and 6.08 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b6.04(b), 6.5(c), 8.2(b) 8.03 and 9.3 9.01 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.17.1, as the case may be, except that the agreements set forth in Article II, Section 6.8 I and Section 6.10 Sections 5.5 and 5.6 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(bSection 5.3(b) and 9.3 Section 7.3 shall survive termination indefinitelyof this Agreement.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that (a) the agreements set forth in Article IISections 1.3, Section 6.8 6.11, 6.12, 6.13, 6.14 and Section 6.10 9.8 shall survive the Effective Time indefinitely Time, and those (b) the agreements set forth in Sections 6.5(b6.7, 6.9(b), 6.5(c), 8.2(b) 8.2 and 9.3 9.8 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the earlier to occur of (a) the Effective Time or (b) the termination of this Agreement pursuant to Section 8.1, as the case may be7.1, except that the agreements set forth in Article II, Section 6.8 I and Section 6.10 5.8 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b5.5(b), 6.5(c(c) and (d), 8.2(b) 7.2, 7.3 and 9.3 Article VIII shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representationsrepresentation, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1, as the case may beARTICLE VIII, except that the agreements set forth in Article IIARTICLE I, Section SECTION 6.4 (including ANNEX B), SECTION 6.8 and Section 6.10 SECTION 8.3, shall survive the Effective Time indefinitely and those set forth in Sections 6.5(bSECTIONS 4.4(b), 6.5(c)4.8, 8.2(b5.3(b) and 9.3 ARTICLE IX hereof shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.1, as the case may be, except as provided in Section 8.2(a) and except that the agreements set forth in Article IIII and Sections 6.5, Section 6.8 6.6 and Section 6.10 8.2(b), 8.2(c) and 8.2(d) shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) and 9.3 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.19.01, as the case may be, except that the agreements set forth in Article II, Section 6.8 Articles III and X and Section 6.10 7.04 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b7.02(c), 6.5(c)7.06, 8.2(b) 7.07, 7.10, 9.02 and 9.3 9.03 and Article X shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.17.1, as the case may be, except that the agreements set forth in Article III and Section 5.6, Section 6.8 5.14 and Section 6.10 5.15 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) Section 5.3 and 9.3 Section 7.3 and the Confidentiality Agreement in accordance with its terms shall survive termination indefinitelyof this Agreement.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that (a) the agreements set forth in Article IISections 2.10, Section 6.8 2.11(b), 2.11(c), 2.11(e), 2.11(f), 2.13, 2.14, 6.7, 6.8, 6.12 and Section 6.10 9.6 shall survive the Effective Time indefinitely and those (b) the agreements set forth in the Confidentiality Agreement and in Sections 6.5(b), 6.5(c), 8.2(b) 8.2 and 9.3 9.6 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.18.01, as the case may be, except that the agreements set forth in Article II, Section 6.8 Articles II and Section 6.10 IX and Sections 6.06 and 6.08 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) 6.04 and 9.3 8.03 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement and any certificate delivered pursuant hereto by any person shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.18.01, as the case may be, except that the agreements set forth in Article II, Section 6.8 Articles I and II and Section 6.10 6.06 shall survive the Effective Time indefinitely indefinitely, and those set forth in Sections 6.5(b)6.09, 6.5(c)8.02, 8.2(b) 8.03, 8.04, 8.05 and 9.3 this Article IX shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective 44 49 Time or the termination of this Agreement pursuant to Section SECTION 8.1, as the case may be, except that the agreements set forth in Article II, Section SECTION 6.8 and Section SECTION 6.10 shall survive the Effective Time indefinitely and those the representations and warranties and agreements set forth in Sections SECTIONS 3.4, 4.11, 6.5(b), 6.5(c), 6.6, 8.2(b) and AND 9.3 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.1, as the case may beTime, except that the agreements set forth in Article III, Section 6.8 5.8 and Section 6.10 5.12 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b5.5(b), 6.5(c)7.2, 8.2(b) 7.3 and 9.3 Article VIII shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.17.1, as the case may be, except that the agreements set forth in Article III and Sections 5.8, Section 6.8 5.9 and Section 6.10 8.8 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b5.5(b), 6.5(c5.5(c), 8.2(b7.2(b) and 9.3 8.3 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements contained in this Agreement shall terminate at on the Effective Expiry Time or upon the termination of this Agreement pursuant to Section 8.1section 14, as the case may be, except that the agreements set forth in Article IIsection 4 (further action, Section 6.8 reasonable best efforts) and Section 6.10 section 17 shall survive the Effective Expiry Time indefinitely and those set forth in Sections 6.5(b)section 10, 6.5(c)section 11, 8.2(b) section 12, section 15, section 17, section 18 and 9.3 section 24 shall survive termination indefinitelyindefinitely (in accordance with the terms of such provisions).

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.1, as the case may be, except as provided in Section 8.2 and except that the agreements set forth in Article II, II and Section 6.8 and Section 6.10 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) Article VIII and 9.3 Article IX shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, representations and warranties and agreements in this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.17.1, as the case may be. The covenants and agreements contained in this Agreement shall survive the Effective Time or termination of this Agreement, as the case may be, except that the agreements set forth and shall continue until they terminate in Article II, Section 6.8 and Section 6.10 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) and 9.3 shall survive termination indefinitelyaccordance with their terms.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.1, as the case may be, except that the agreements set forth in Article II, II and Section 6.8 and Section 6.10 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b6.4(b), 6.5(c6.4(c), 8.2(b) 8.2 and 9.3 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.1, as the case may beTime, except that the agreements set forth in Article II, Section 6.8 and Section 6.10 3 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b)7.4, 6.5(c)9.1, 8.2(b) 9.2 and 9.3 Article 10 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1SECTION 6.01, as the case may be, except that the agreements set forth in Article II, Section 6.8 ARTICLE I and Section 6.10 SECTION 4.08 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) SECTION 6.02 and 9.3 SECTION 6.03 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or the upon termination of this Agreement pursuant to Section 8.1, as the case may beArticle VIII, except that the agreements set forth in Article III, Section 6.8 Sections 5.6, 5.7, 6.4, 6.5, 6.6 and Section 6.10 6.8, above, shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b)4.11, 6.5(c)5.5, 8.2(b) 8.2, 8.3 and 9.3 Article IX hereof shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section SECTION 8.1, as the case may be, except that (a) the agreements set forth in Article IIARTICLE II and SECTIONS 6.22, Section 6.8 9.6 and Section 6.10 9.7 shall survive the Effective Time indefinitely and those (b) the agreements set forth in Sections 6.5(b)the Confidentiality Agreement and in SECTIONS 6.19, 6.5(c)8.2 and 8.3, 8.2(b) this SECTION 9.1, SECTION 9.6 and 9.3 SECTION 9.7 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.19.01, as the case may be, except that the agreements set forth in ArticlesII and this Article II, Section 6.8 IX and Section 6.10 Section6.04 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) and 9.3 this Article IX shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1, as the case may beArticle VIII, except that the agreements set forth in Article II, Section 6.8 and Section 6.10 I shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b4.03(b), 6.5(c4.05, 5.02(b), 8.2(b) 8.02 and 9.3 Article IX hereof shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1, as the case may be7.1, except that the (i) those agreements set forth in Article IISection 2.1, Section 6.8 2.2, Section 5.2, Section 5.4, Section 5.5, Section 7.2, Section 7.3, Section 7.4 and Section 6.10 Article VIII shall survive the Effective Time indefinitely and (ii) those agreements set forth in Sections 6.5(b)Section 5.2, 6.5(c)Section 7.2, 8.2(b) Section 7.3, Section 7.4, Section 7.5 and 9.3 Article VIII shall survive termination indefinitely(in each of (i) and (ii) in accordance with the terms of such provisions).

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that the agreements set forth in Article II1, Section 6.8 6.6 and Section 6.10 Articles 8 and 9 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b), 6.5(c), 8.2(b) and 9.3 shall survive termination indefinitely.Section 6.3,

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1SECTION 9.01, as the case may be, except that the agreements set forth in Article II, Section 6.8 ARTICLES III and Section 6.10 X and SECTION 7.04 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(bSECTIONS 7.02(c), 6.5(c)7.06, 8.2(b) 7.07, 7.10, 9.02 and 9.3 9.03 and ARTICLE X shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or the termination of this Agreement pursuant to Section 8.1, as the case may beTime, except that the agreements set forth in Article II, Section 6.8 I and Section 6.10 5.7 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b5.4(b), 6.5(c)5.6, 8.2(b) 7.2 and 9.3 8.3 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.18.1 hereof, as the case may be, except that (a) the agreements set forth in Article III and Sections 2.2, Section 6.8 2.4, 2.6, 2.7, 2.8, 2.11, and Section 6.10 2.12 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b)indefinitely, 6.5(c), 8.2(b(b) and 9.3 nothing contained herein shall survive termination indefinitelylimit any covenant or Agreement of the Parties which by its terms contemplates performance after the Effective Time.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1, as the case may be, except that (a) the agreements set forth in Article IIII and Sections 6.22, Section 6.8 9.6 and Section 6.10 9.7 shall survive the Effective Time indefinitely and those (b) the agreements set forth in the Confidentiality Agreement and in Sections 6.5(b)6.19, 6.5(c)8.2 and 8.3, 8.2(b) this Section 9.1, Section 9.6 and 9.3 Section 9.7 shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.1, as the case may beArticle VIII, except that the agreements set forth in Article III and Sections 5.8, Section 6.8 5.10, 5.11, 6.4, 6.5, and Section 6.10 6.6 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b4.4(b), 6.5(c6.10, 8.2(b), 8.2(b) 8.3 and 9.3 Article IX hereof shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.18.01, as the case may be, except that the agreements set forth in Article II, Section 6.8 II and this Article IX and Section 6.10 6.06 shall survive the Effective Time indefinitely and those set forth in Sections 6.5(b6.03(b), 6.5(c), 8.2(b) 6.11 and 9.3 8.03 and Article IX shall survive termination indefinitely.

Non-Survival of Representations, Warranties and Agreements. The representations, warranties and agreements in this Agreement shall terminate at the Effective Time or upon the termination of this Agreement pursuant to Section 8.18.01, as the case may be, except that the agreements set forth in Article IIArticles I and II and Sections 6.08, Section 6.8 6.09 and Section 6.10 6.16 shall survive the Effective Time indefinitely and those set forth in Section 6.02(c) and in Sections 6.5(b6.02(e), 6.5(c), 8.2(b) Article VIII and 9.3 Article IX hereof shall survive termination indefinitely.