Survival; Non-Waiver. All representations and warranties shall survive the Closing (and none shall merge into any instrument of conveyance) regardless of any investigation or lack of investigation by any of the parties hereto. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, right or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Survival; Non-Waiver. All representations and warranties shall survive the Closing for a period of two years regardless of any investigation or lack of investigation by any of the parties hereto; provided, however, that the representations and warranties contained in Sections 5.1, 5.5, 5.7(c), 5.14, 5.22, 5.24(e), 5.25 and 5.34 shall survive the Closing forever. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. A breach of any representation, warranty or covenant shall not be affected by the fact that a more general or more specific representation, warranty or covenant was not also breached.
Survival; Non-Waiver. All representations, warranties and covenants contained in the Agreement or any Contract delivered in connection with this Agreement shall survive as set forth herein regardless of any investigation or lack of investigation by any of the parties hereto (and none shall merge into any instrument of conveyance). The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, right or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Survival; Non-Waiver. All representations, warranties and covenants shall survive the Closing. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Survival; Non-Waiver. All representations and warranties shall survive the Closing for a period of time set forth in Section 7.6(v) hereof. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants, or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants, or conditions of this Agreement shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights, or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. A breach of any representation, warranty, or covenant shall not be affected by the fact that a more general or more specific representation, warranty, or covenant was not also breached.
Survival; Non-Waiver. Unless specifically otherwise addressed in this Agreement, the rights, remedies and recourses of the Purchaser hereunder shall not be affected by any investigation made by or on behalf of the Purchaser, by the Purchaser or the Vendors, as applicable, lawfully terminating or failing to terminate this Agreement or by any other event or matter whatsoever except a specific and duly authorized written waiver or release executed by the Purchaser or the Vendors, as applicable.
Survival; Non-Waiver. All representations and warranties shall survive the Closing regardless of any investigation or lack of investigation by any of the parties hereto. In the event of a breach of any representations, warranties or covenants, the party to whom such representations, warranties or covenants have been made shall have all rights and remedies for such breach available to it under this Agreement, Sellers’ Ancillary Documents, Purchaser’s Ancillary Documents or otherwise, whether at law or in equity, regardless of any disclosure to, or investigation made by or on behalf of, such party on or before the Closing Date. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, right or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Survival; Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Termination Agreement, to exercise any right or privilege in this Termination Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Termination Agreement, will not be construed as a subsequent waiver of any such terms, covenants, conditions, right or privileges, but the same will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver will be effective unless it is in writing and signed by an authorized representative of the waiving party.
Survival; Non-Waiver. (a) The rights, remedies and recourses of the Buyer and the Sellers and Principals hereunder shall not be affected by the Closing having occurred; by any investigation made by or on behalf of the Buyer or the Sellers or Principals, as applicable; by the Buyer or the Sellers or Principals, as applicable, lawfully terminating or failing to terminate this Agreement; or by any other event or matter whatsoever except a specific and duly authorized written waiver or release executed by the Buyer or the Sellers or Principals, as applicable.
(b) No claim for indemnification under Section 7.2(a), Section 7.4(a) or Section 7.5(a) in respect of any particular representation or warranty may be made after the expiry of the period for which such representation and warranty survives Closing as set out in Section 3.7 or 3.8, as applicable, except with respect to any claim for indemnification in respect of such representation and warranty properly made within such period.
Survival; Non-Waiver. The rights, remedies and recourses of the Parties under this Article 6 shall not be affected by the Closing having occurred, by any investigation made by or on behalf of the applicable Parties by a Party, lawfully terminating or failing to terminate this Agreement or by any other event or matter whatsoever except a specific and duly authorized written waiver or release executed by a Party.
