Common use of SURVIVAL; LIABILITY Clause in Contracts

SURVIVAL; LIABILITY. Any and all of the representations and warranties ------------------- of Seller as contained in this Agreement shall be void and of no further force or effect whatsoever from and after one (1) year from the Closing Date. Consequently, Purchaser stipulates and agrees that from and after such one (1) year period, it is entitled to and agrees to claim no damages of any kind with respect to any alleged breach and/or violation of any of such representations and/or warranties of Seller. Furthermore, if Purchaser becomes aware prior to Closing of any breach and/or violation of any of Seller's representations or warranties as set forth herein, Purchaser shall give seller written notice of any such breach or violation, and during the fifteen (15) day period after such notice, Seller shall have the right, but not the obligation, to cure any such breach or violation to the reasonable satisfaction of Purchaser, and the Closing Date shall be extended for such fifteen (15) day period. In the event Purchaser becomes aware of any breach and/or violation of any Seller's representations and warranties prior to Closing and (a) Purchaser fails to give Seller notice thereof as required hereby or (b) following notice thereof, Seller fails or is unable to cure any such breach or violation to the reasonable satisfaction of Purchaser, Purchaser's sole remedy for any such breach or violation shall be to terminate this Agreement by delivering written notice of such termination to Seller on or before the Closing Date and neither party shall have any obligation hereunder, except the Surviving Obligations. Anything herein to the contrary notwithstanding, if Purchaser timely commences any action(s) to enforce any alleged breach and/or violation of any of the representations and/or warranties of Seller as set forth in this Agreement, then Purchaser's sole remedy shall be to seek recovery of its actual damages (but not special, speculative, punitive or other damages) and the amount of such damages, in the aggregate (with respect to any and all such breaches and/or violations) shall not exceed One Hundred Thousand and No/100 Dollars ($100,000.00), which sum shall include all of Purchaser's attorney's fees, costs, expert witness fees and court costs.

SURVIVAL; LIABILITY. Any and all of the representations and warranties ------------------- of Seller as contained in this Agreement shall be true as of the Effective Date and the Closing Date and shall merge with the Deed and shall be void and of no further force or effect whatsoever from and after one six (16) year months from the Closing Date. Consequently, Purchaser stipulates and agrees that from and after such one six (16) year month period, it is entitled to and agrees to claim no damages of any kind with respect to any alleged breach and/or violation of any of such representations and/or warranties of Seller. Furthermore, , (a) if Purchaser becomes aware prior to Closing of any breach and/or violation inaccuracy of any of Seller's representations or warranties as set forth herein, Purchaser shall give seller Seller written notice of any such breach or violationinaccuracy, and during the fifteen (15) day period after such notice, Seller shall have the right, but not the obligation, to cure any such breach or violation inaccuracy to the reasonable satisfaction of Purchaser, and the Closing Date shall be extended for such fifteen (15) day period. In the event Purchaser becomes aware of any breach and/or violation inaccuracy of any of Seller's representations and warranties prior to Closing and (a) Purchaser fails to give Seller notice thereof as required hereby or (b) following notice thereof, Seller fails or is unable to cure any such breach or violation inaccuracy to the reasonable satisfaction of Purchaser, Purchaser's sole remedy for any such breach or violation inaccuracy shall be to terminate this Agreement by delivering written notice of such termination to Seller on or before the Closing Date Date, in which event the Xxxxxxx Money will be returned to Purchaser and neither party shall have any obligation hereunder, except the Surviving Obligations. Anything herein to the contrary notwithstanding. (b) if Purchaser becomes aware after Closing of any breach and/or violation of any of Seller's representations and/or warranties set forth herein, if and Purchaser timely commences any action(s) to enforce any alleged breach and/or violation of any of the representations and/or warranties of Seller as set forth in this Agreement, then Purchaser's sole remedy shall be to seek recovery of its actual damages (but not special, consequential, speculative, punitive or other damages) and the amount of such damages, in the aggregate (with respect to any and all such breaches and/or violations) shall not exceed One Hundred Thousand and No/100 Dollars FIFTY THOUSAND AND NO/100 DOLLARS ($100,000.0050,000.00), which such sum shall include all of Purchaser's attorney's attorneys' fees, costs, expert witness fees and court costs.

SURVIVAL; LIABILITY. Any and all of the representations and warranties ------------------- of Seller as contained in this Agreement shall be true as of the Effective Date and the Closing Date and shall merge with the Deed and shall be void and of no further force or effect whatsoever from and after one six (16) year months from the Closing Date. Consequently, Purchaser stipulates and agrees that from and after such one six (16) year month period, it is not entitled to claim and agrees not to claim no any damages of any kind with respect to any alleged breach and/or violation of any of such representations and/or warranties of Seller. Furthermore, , (a) if Purchaser becomes aware prior to Closing of any breach and/or violation inaccuracy of any of Seller's representations or warranties as set forth herein, Purchaser shall give seller Seller written notice of any such breach or violationinaccuracy, and during the fifteen (15) day period after such notice, Seller shall have the right, but not the obligation, to cure any such breach or violation inaccuracy to the reasonable satisfaction of Purchaser, and the Closing Date shall be extended for such fifteen (15) day period. In the event Purchaser becomes aware of any breach and/or violation inaccuracy of any of Seller's representations and warranties prior to Closing and (a) Purchaser fails to give Seller notice thereof as required hereby or (b) following notice thereof, Seller fails or is unable to cure any such breach or violation inaccuracy to the reasonable satisfaction of Purchaser, Purchaser must still consummate the Closing and Purchaser's sole remedy for any such breach or violation inaccuracy shall be to terminate this Agreement by delivering written notice seek recovery of its actual damages (but not special, consequential, speculative, punitive or other damages), and the amount of such termination to Seller on or before the Closing Date and neither party damages shall have any obligation hereunder, except the Surviving Obligations. Anything herein be subject to the contrary notwithstanding$500,000.00 dollar limitation set forth in Section 4.6(b) below. (b) if Purchaser first becomes aware after Closing of any breach and/or violation of any of Seller's representations and/or warranties set forth herein, if and Purchaser timely commences any action(s) to enforce any alleged breach and/or violation of any of the representations and/or warranties of Seller as set forth in this Agreement, then Purchaser's sole remedy shall be to seek recovery of its actual damages (but not special, consequential, speculative, punitive or other damages) and the amount of such damages, in the aggregate (with respect to any and all such breaches and/or violations) shall not exceed One Hundred Thousand and No/100 Dollars FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00500,000.00), which such sum shall include all of Purchaser's attorney's attorneys' fees, costs, expert witness fees and court costs. Notwithstanding anything to the contrary contained herein, in no event shall the aggregate amount of damages recovered hereunder exceed $500,000.00.

SURVIVAL; LIABILITY. Any and all of the representations and warranties ------------------- of Seller as contained in this Agreement shall be true as of the Effective Date and the Closing Date and shall merge with the Deed and shall be void and of no further force or effect whatsoever from and after one nine (19) year months from the Closing Date. Consequently, Purchaser stipulates and agrees that from and after such one nine (19) year month period, it is entitled to and agrees to claim no damages of any kind with respect to any alleged breach and/or violation of any of such representations and/or warranties of Seller. Furthermore, , (a) if Purchaser becomes aware prior to Closing of any breach and/or violation inaccuracy of any of Seller's representations or warranties as set forth herein, Purchaser shall give seller Seller written notice of any such breach or violationinaccuracy, and during the fifteen (15) day period after such notice, Seller shall have the right, but not the obligation, to cure any such breach or violation inaccuracy to the reasonable satisfaction of Purchaser, and the Closing Date shall be extended for such fifteen (15) day period. In the event Purchaser becomes aware of any breach and/or violation inaccuracy of any of Seller's representations and warranties prior to Closing and (a) Purchaser fails to give Seller notice thereof as required hereby or (b) following notice thereof, Seller fails or is unable to cure any such breach or violation inaccuracy to the reasonable satisfaction of Purchaser, Purchaser's sole remedy for any such breach or violation inaccuracy shall be to terminate this Agreement by delivering written notice of such termination to Seller on or before the Closing Date Date, in which event the Xxxxxxx Money will be returned to Purchaser and neither party shall have any obligation hereunder, except the Surviving Obligations. Anything herein to the contrary notwithstanding. (b) if Purchaser becomes aware after Closing of any breach and/or violation of any of Seller's representations and/or warranties set forth herein, if and Purchaser timely commences any action(s) to enforce any alleged breach and/or violation of any of the representations and/or warranties of Seller as set forth in this Agreement, then Purchaser's sole remedy shall be to seek recovery of its actual damages (but not special, consequential, speculative, punitive or other damages) and the amount of such damages, in the aggregate (with respect to any and all such breaches and/or violations) shall not exceed One Hundred Thousand and No/100 Dollars TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($100,000.00250,000.00), which such sum shall include all of Purchaser's attorney's attorneys' fees, costs, expert witness fees and court costs.

SURVIVAL; LIABILITY. (a) Any and all of the representations representations, warranties and warranties ------------------- covenants of Seller as contained in this Agreement and to be performed prior to Closing shall be void and of no further force or effect whatsoever from and after one the six (16) year from month anniversary of the Closing Dateand any claim for breach of any representation, warranty or covenant must be brought during such period. Consequently, Purchaser stipulates and agrees that from and after such one (1) year period6-month anniversary, it is entitled Purchaser shall not have the right to and agrees to claim no damages of commence any kind action with respect to any alleged breach and/or violation of any of such representations representations, warranties and/or warranties covenants of Seller. Furthermore, if If Purchaser becomes aware prior to Closing of any breach and/or violation of any of Seller's representations representations, warranties or warranties covenants as set forth herein, Purchaser shall give seller Seller written notice of any such breach or violation, and during the fifteen (15) day period after such notice, Seller shall have the right, but not the obligation, obligation to cure any such breach or violation to the reasonable satisfaction of Purchaser, and the Closing Date shall be extended for such fifteen (15) day period. In the event If Purchaser becomes aware of any breach and/or violation of any of Seller's representations and representations, warranties and/or covenants herein prior to Closing and (a) Purchaser fails thereafter proceeds to give Seller notice thereof as required hereby or (b) following notice thereofClosing, Seller fails or is unable to cure any such breach or violation to the reasonable satisfaction of Purchaser, Purchaser's sole remedy for any such breach or violation shall be to terminate this Agreement deemed waived by delivering written notice of such termination to Seller on or before the Closing Date and neither party shall have any obligation hereunder, except the Surviving ObligationsPurchaser. Anything herein to the contrary notwithstanding, if If Purchaser timely commences any action(s) under the Section 3.7 to enforce any alleged breach and/or violation of any of the representations representations, warranties and/or warranties covenants of Seller as set forth in this Agreement, then Purchaser's sole remedy shall be to seek recovery of its actual damages (but not any special, speculativeconsequential, punitive or other damages) and the amount of such damages), in the aggregate (with respect to any and all such breaches and/or violations) shall not to exceed One Hundred Thousand and No/100 Dollars ($100,000.00)) per event, which sum shall include all of Purchaser's attorney's attorneys' fees, costs, expert witness fees and court costs.