Survival of Buyer’s Representations and Warranties. The representations and warranties set forth in this Section 6 are made as of the Effective Date and are remade as of the Closing Date and shall not be deemed to be merged into or waived by the instruments of Closing, but shall survive the Closing until the Survival Expiration Date. Seller shall have the right to bring an action thereon only if Seller has given Buyer written notice of the circumstances giving rise to the alleged breach before the Survival Expiration Date.
Survival of Buyer’s Representations and Warranties. The representations and warranties of Buyer set forth in Section 5.4, as updated as of the Closing Date in accordance with the terms hereof, shall survive the Closing for a period of six (6) months.
Survival of Buyer’s Representations and Warranties. The representations and warranties of Buyer set forth in Section 5.4 hereof as updated as of the Closing in accordance with the terms of this Agreement, shall survive Closing for a period of ninety (90) days. Buyer shall have no liability to Seller for a breach of any representation or warranty unless written notice containing a description of the specific nature of such breach shall have been given by Seller to Buyer prior to the expiration of said ninety (90) day period and an action shall have been commenced by Seller against Buyer within ninety (90) days of Closing.
Survival of Buyer’s Representations and Warranties. The representations and warranties of Buyer set forth in Section 5.5 hereof as updated as of the Closing in accordance with the terms of this Agreement, shall survive Closing for a period of one (1) year.
Survival of Buyer’s Representations and Warranties. The representations and warranties of Buyer set forth in Section 4.5 shall survive Closing for a period of one hundred twenty (120) days (the “Buyer Survival Period”). No claim for a breach of any representation or warranty of Buyer shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was specifically disclosed by Buyer to and accepted by Seller in writing prior to Closing.
Survival of Buyer’s Representations and Warranties. The representations and warranties of Buyer set forth in this Article V shall survive Closing for a period of thirty seven (37) months and no claim for a breach of any such other representation or warranty of Buyer shall be actionable or payable unless written notice containing a description of the specific nature of such breach shall have been given by Seller to Buyer prior to the expiration of said thirty seven (37) month period and an action shall have been commenced by Seller against Buyer within thirty nine (39) months after Closing.
Survival of Buyer’s Representations and Warranties. The representations and warranties of Buyer set forth in Sections 5.1 and 5.2 hereof shall survive Closing and shall be continuing representations and warranties without limitation. All other representations and warranties of Buyer shall survive Closing for a period of six (6) months and no claim for a breach of any such other representation or warranty of Buyer shall be actionable or payable unless written notice containing a description of the specific nature of such breach shall have been given by Seller to Buyer prior to the expiration of said six-month period and an action shall have been commenced by Seller against Buyer within eight (8) months after Closing.
Survival of Buyer’s Representations and Warranties. The representations and warranties of Buyer contained in this Agreement shall survive the Closing for a period of twelve (12) months and any Seller Claims made pursuant to Section 7.1(b) must be made prior to such time. Any Seller Claims arising under Section 7.1(c) above must be made within twelve (12) months following the date that the covenant upon which it is based shall expire by its terms. The limitations set forth above shall not be applicable to any claim by Seller for indemnification based on actual fraud or intentional misrepresentation by Buyer.
Survival of Buyer’s Representations and Warranties. The representations and warranties contained in this Section 8 by Buyer are true, correct and complete and shall be deemed remade by Buyer as of Closing, with the same force and effect as if made at that time. Anything contained in this Agreement or the Conveyance Documents to the contrary notwithstanding, the representations, warranties and covenants of Buyer set forth in this Section 8, as well as the right and ability of Seller to enforce the same and/or to seek damages for its breach, shall survive Closing for a period of six months.
Survival of Buyer’s Representations and Warranties. All representations and warranties of Buyer set forth in Section 4.6 are made as of the Effective Date. In addition, as of the Closing Date, Buyer shall provide Seller with a certification regarding the accuracy of such representations and warranties as of such date, including any exceptions or qualifications thereto as of such date (“Buyer’s Closing Certification”). If the exceptions or qualifications to such representations and warranties as of the Closing Date are material and are not acceptable to Seller in its sole discretion, Seller may refuse to consummate this transaction and exercise the remedy set forth in Section 10(a) below . The representations and warranties of Buyer set forth in Section 4.6 , as qualified by any exceptions and qualifications set forth on Buyer’s Closing Certification, shall survive the Closing of the transaction contemplated in this Agreement and the delivery of the Deed from Seller to Buyer for the Survival Period; provided, however, that Seller must give Buyer written notice of any claim Seller may have against Buyer for breach of any such representations and warranties set forth in Section 4.6 (as modified by any exceptions and qualifications set forth on Buyer’s Closing Certification), prior to the expiration of the Survival Period. Any such claim which Seller may have which is not so asserted prior to the expiration of the Survival Period shall not be valid or effective, and Buyer shall have no liability with respect thereto.
