REPRESENTATIONS AND WARRANTIES OF RELATING TO RHG. Berjaya, Tonto and RHG, severally, make the representations and warranties contained in this Article 4 to Buyer, intending that Buyer rely on each of such representations and warranties in order to induce Buyer to enter into and complete the transactions contemplated by this Agreement. The representations and warranties of Berjaya and Tonto shall survive the consummation of the transactions contemplated by this Agreement until the expiration of one year from the Closing Date, provided that (a) in the case of fraud Berjaya’s and Tonto’s representations and warranties shall survive the consummation of such transactions without any time limit, and (b) subject to clause (a), Berjaya’s and Tonto’s representations and warranties contained in Sections 4.13 and 4.16 shall survive the consummation of such transactions until the expiration of applicable statutes of limitation and any extensions of such limitations plus 90 days. The representations and warranties of RHG shall terminate upon completion of, and shall not survive, the Closing. Where reference is made to the knowledge of RHG, such knowledge means and includes (a) actual knowledge of the Person, including, in the case of RHG the actual knowledge of any of the directors, officers or principal employees of RHG set forth in Item 4.0 of the RHG Disclosure Letter, and (b) that knowledge which a prudent business person could have obtained in the management of his or her business after making due inquiry and after exercising due diligence.
