Common use of Survival; Claims Period Clause in Contracts

Survival; Claims Period. (i) If the Closing occurs, the representations, warranties, covenants and agreements of the Parties under this Agreement shall survive the execution and delivery of this Agreement and shall continue in full force and effect until the one-year anniversary of the Closing Date (the “Expiration Date”); provided that (i) the ETE Fundamental Representations (other than the representations set forth in Section 3.16) and the ETP Fundamental Representations shall survive indefinitely, (ii) the representations and warranties set forth in Section 3.16 (Taxes) and the obligations of ETE pursuant to Section 8.1(c) shall survive the execution and delivery of this Agreement and shall continue in full force and effect until ninety (90) days after the expiration of the applicable statute of limitations (which shall be deemed to be the Expiration Date with respect to such representations and warranties) and (iii) any covenants or agreements contained in this Agreement that by their terms are to be performed after the Closing Date shall survive until fully discharged. (ii) If the Closing occurs, no action for a breach of any representation or warranty contained herein (other than representations or warranties that survive indefinitely pursuant to Section 8.3(d)(i)) shall be brought after the Expiration Date, except for claims of which a Party has received a Claim Notice setting forth in reasonable detail the claimed misrepresentation or breach of warranty with reasonable detail, prior to the Expiration Date.

Survival; Claims Period. (i) If the Closing occurs, the The representations, warranties, covenants and agreements of the Parties under set forth in this Agreement shall survive the execution and delivery of this Agreement and shall continue in full force and effect until the one18-year month anniversary of the Closing Date (the “Expiration Date”); provided that (iA) the ETE Fundamental Representations (other than the representations set forth in Section 3.16) and the ETP Fundamental Representations shall survive indefinitely, (iiB) the representations and warranties set forth in Section 3.16 3.15 and Section 4.17 shall survive the execution and delivery of this Agreement and shall continue in full force and effect until the two-year anniversary of the Closing Date, (TaxesC) the representations and warranties set forth in Section 3.10, Section 3.12 and Section 4.12 and the obligations of ETE pursuant to covenants set forth in Section 8.1(c) 5.12 shall survive the execution and delivery of this Agreement and shall continue in full force and effect until ninety (90) days after the expiration of the applicable statute of limitations (which shall be deemed to be the Expiration Date with respect to such representations and warranties) and (iiiD) any covenants or agreements contained in this Agreement that by their terms are to be performed after the Closing Date shall survive until fully discharged. (ii) If the Closing occurs, no No action for a breach of any representation or warranty contained herein (other than those representations or warranties that survive indefinitely for other periods pursuant to Section 8.3(d)(i7.3(d)(i)) shall be brought after the Expiration Date, other than in the case of fraud, except for claims of which a Party has received a Claim Notice setting forth in reasonable detail the claimed misrepresentation or breach of warranty with reasonable detail, prior to the Expiration Date.

Survival; Claims Period. (i1) If the Closing occurs, the The representations, warranties, covenants and agreements of the Parties under this Agreement shall survive the execution and delivery of this Agreement and shall continue in full force and effect until the one-year anniversary of the Initial Closing Date (the “Expiration Date”); provided that (i) the ETP Fundamental Representations (other than the representations set forth in Section 3.15) and the ETE Fundamental Representations (other than the representations set forth in Section 3.164.15) and the ETP Fundamental Representations shall survive indefinitely, (ii) the representations and warranties set forth in Section 3.16 Sections 3.15 and 4.15 (Taxes) and the obligations of ETE pursuant to Section 8.1(c) shall survive the execution and delivery of this Agreement and shall continue in full force and effect until ninety (90) days after the expiration of the applicable statute of limitations (which shall be deemed to be the Expiration Date with respect to such representations and warranties) and (iii) any covenants or agreements contained in this Agreement that by their terms are to be performed after the Initial Closing Date shall survive until fully discharged. (ii2) If the Closing occurs, no No action for a breach of any representation or warranty contained herein (other than representations or warranties that survive indefinitely pursuant to Section 8.3(d)(i8.3(D)(1)) shall be brought after the Expiration Date, except for claims of which a Party has received a Claim Notice setting forth in reasonable detail the claimed misrepresentation or breach of warranty with reasonable detail, prior to the Expiration Date.

Survival; Claims Period. (i) If Covenants contained in this Agreement or the Ancillary Agreements shall survive the Closing occurs, the representations, warranties, covenants and agreements of the Parties under shall continue thereafter until fully performed. The representations and warranties contained in this Agreement shall survive the execution and delivery of this Agreement Closing and shall continue in full force thereafter notwithstanding such Closing or any investigation made by or on behalf of the Party entitled to the benefit thereof or any Knowledge of such Party and effect until shall terminate on the one-year date that is the first anniversary of the Closing Date (the “Expiration Date”); provided provided, however, that (ia) the ETE Fundamental Representations (other than the representations set forth in Section 3.16) and the ETP Seller’s Fundamental Representations shall survive indefinitely, indefinitely and (iib) the representations and warranties set forth in Section 3.16 3.7 (Taxes) and the obligations of ETE pursuant to Section 8.1(c) shall survive the execution and delivery of this Agreement and shall continue in full force and effect until ninety (90) days after the expiration of the applicable statute of limitations (which shall including any extensions thereof) for a period of sixty (60) days. Any Claim by a Party in respect of such representations and warranties must be deemed made in writing prior to be the Expiration Date with respect and must set forth in reasonable detail the facts alleged to give rise to such representations and warranties) and (iii) any covenants or agreements contained in this Agreement that by their terms are to be performed after the Closing Date shall survive until fully dischargedClaim. (ii) If the Closing occurs, no No action for a breach of any representation representation, warranty, covenant or warranty agreement contained herein (other than representations or warranties that survive indefinitely pursuant to Section 8.3(d)(i)) shall be brought after the Expiration Date, except for claims of which a Party has received a Claim Notice notice setting forth in reasonable detail the claimed misrepresentation or breach of warranty representation, warranty, covenant or agreement with reasonable detail, prior to the Expiration Date.