Common use of Survival of Certain Representations and Warranties Clause in Contracts

Survival of Certain Representations and Warranties. The representations and warranties of the Company and the Shareholders in this Agreement and in any instrument delivered pursuant hereto shall survive the Effective Time until the earlier to occur of (i) one (1) year after the Effective Time or (ii) publication of the independent audit report on the consolidated financial statements of Parent for the fiscal year ending June 30, 1998, provided that this Section 10.01 shall not limit any other covenant or agreement of the parties that by its terms contemplates performances beyond such period.