Common use of Survival; Limitations Clause in Contracts

Survival; Limitations. The representations and warranties of the parties hereto contained in this Agreement or in any certificate or other writing delivered pursuant hereto or in connection herewith shall survive the Closing until the date that is 60 months after the Closing Date, except (i) Section 3.14, which shall survive until the expiration of the applicable statute of limitations and (ii) Section 3.5, which shall survive without limitation and shall not be merged with the Deeds. No action can be brought with respect to any breach of any representation or warranty (except with respect to Section 3.5) pursuant to this Agreement unless a written notice that complies with Section 6.3 has been delivered pursuant to such Section 6.3 prior to the expiration of the survival period applicable to such representation or warranty; provided that upon the giving of such notice, notwithstanding any other provision of this Agreement the representation and warranty that is the basis of such action shall continue with respect to such action beyond the time at which the representation and warranty would otherwise terminate.

Survival; Limitations. The representations and warranties of the parties hereto contained in this Agreement or in any certificate or other writing delivered pursuant hereto or in connection herewith shall survive the Closing until the date that is 60 24 months after the Closing DateAsset Transfer Effective Time, except for the representations and warranties contained in (i) Section 3.142.10, which shall survive until the expiration of the applicable statute of limitations and limitations, (ii) Section 3.5Sections 2.3 and 2.4, which shall survive without limitation until the date that is ten years after the Asset Transfer Effective Time and shall not be merged with the DeedsAssignment and Assumption Agreements, and (iii) Section 2.12, which shall survive without limitation. No action can be brought with respect to any breach of any representation or warranty (except with respect to Section 3.52.12) pursuant to this Agreement unless a written notice that complies with Section 6.3 5.3 has been delivered pursuant to such Section 6.3 5.3 prior to the expiration of the survival period applicable to such representation or warranty; provided PROVIDED that upon the giving of such notice, notwithstanding any other provision of this Agreement Agreement, the representation and warranty that is the basis of such action shall continue only with respect to such action beyond the time at which the representation and warranty would otherwise terminate, and only until the resolution of such action pursuant to this Agreement.

Survival; Limitations. The representations and warranties of the parties hereto contained in this Agreement or in any certificate or other writing delivered pursuant hereto or in connection herewith shall survive the Closing until the date that is 60 months after the Closing Date, except (i) Section 3.14, which shall survive until the expiration of the applicable statute of limitations and (ii) Section 3.5, which shall survive without limitation and shall not be merged with the DeedsAssignment and Assumption Agreements. No action can be brought with respect to any breach of any representation or warranty (except with respect to Section 3.5) pursuant to this Agreement unless a written notice that complies with Section 6.3 has been delivered pursuant to such Section 6.3 prior to the expiration of the survival period applicable to such representation or warranty; provided that upon the giving of such notice, notwithstanding any other provision of this Agreement the representation and warranty that is the basis of such action shall continue with respect to such action beyond the time at which the representation and warranty would otherwise terminate.