Representation as to Title and Environmental Matters. Notwithstanding the survival of certain of Seller’s representations and warranties for a six-month period commencing on the Closing Date pursuant to Section 12.10, as to any matter that would constitute a Title Defect or an Environmental Defect that could also result in the breach of any Seller representation and warranty in ARTICLE 5, then Buyer’s sole and exclusive remedy shall be to assert prior to the Notification Date such matter as a Title Defect or an Environmental Defect, and the matter will be handled pursuant only to ARTICLE 4. Buyer shall be precluded from asserting any such matter as a breach of any representation and warranty.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Bill Barrett Corp), Purchase and Sale Agreement (Vanguard Natural Resources, LLC)
Representation as to Title and Environmental Matters. Notwithstanding the survival of certain of Seller’s representations and warranties for a six-month period commencing on the Closing Date pursuant to Section 12.10, as to any matter that would constitute a Title Defect or an Environmental Defect that could also result in the breach of any Seller representation and warranty in ARTICLE 5V, then Buyer’s sole and exclusive remedy shall be to assert prior to the Notification Date such matter as a Title Defect or an Environmental Defect, and the matter will be handled pursuant only to ARTICLE 4IV. Buyer shall be precluded from asserting any such matter as a breach of any representation and warranty.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Bill Barrett Corp)
Representation as to Title and Environmental Matters. Notwithstanding Notwithstanding the survival of certain of Seller’s representations and warranties for a six-month period commencing on the Closing Date pursuant to Section 12.10, as to any matter that would constitute a Title Defect or an Environmental Defect that could also result in the breach of any Seller representation and warranty in ARTICLE 5V, then Buyer’s sole and exclusive remedy shall be to assert prior to the Notification Date such matter as a Title Defect or an Environmental Defect, and the matter will be handled pursuant only to ARTICLE 4IV. Buyer shall be precluded from asserting any such matter as a breach of any representation and warranty.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Vanguard Natural Resources, LLC)
Representation as to Title and Environmental Matters. Notwithstanding the survival of certain of Seller’s representations and warranties for a six-month period commencing on the Closing Date pursuant to Section 12.10, as to any matter that would constitute a Title Defect or an Environmental Defect that could also result in the breach of any Seller representation and warranty in ARTICLE 5V, then Buyer’s sole and exclusive remedy shall be to assert prior to the Notification Date such matter as a Title Defect or an Environmental Defect, and the matter will be handled pursuant only to ARTICLE 4. Buyer shall be precluded from asserting any such matter as a breach of any representation and warranty.to
Appears in 1 contract
Samples: Purchase and Sale Agreement