Common use of SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC Clause in Contracts

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the Underwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the Underwriter, the Selling stockholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8Sections 9 or 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockSecurities and the Delayed Exercise Warrant Shares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8Sections 9 or 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination or purported termination of this Agreement, including without limitation any termination pursuant to Section 8Sections 9, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8Sections 9 or 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders Stockholders and the Underwriterseveral Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter, the Selling stockholdersStockholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 88 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockFirm Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8Sections 9 or 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersPurchaser, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, covenants, agreements, representations, indemnity and contribution and reimbursement agreements contained in Sections 8 and 10 and the representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the Selling Stockholders and the Selling stockholders and the Underwriterseveral Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter, the Selling stockholdersStockholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders stockholder and the Underwriterseveral Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter, the Selling stockholdersstockholder, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 88 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the Placement Agent, and the Selling stockholders and the UnderwriterQIU, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersQIU, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the Selling stockholders Principal Subsidiary and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersPrincipal Subsidiary, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the Underwriter, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter, the Selling stockholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 88 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.. ​

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, covenants, agreements, representations, indemnity and contribution and reimbursement agreements contained in Sections 8 and 10 and the representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersCompany, the Company Purchasers or any person Person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall will remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall will survive delivery of and payment for the StockNotes and the issuance of the other Securities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to the indemnity and contribution agreements contained in Section 8, 7 and the indemnities, covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall will not terminate and shall will remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders Shareholders and the Underwriterseveral Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter, the Selling stockholdersShareholders, the Company or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8, the 9 or Section 11 indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 8 and 9 10 and Sections 11 12 through 2122, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersPurchasers, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, covenants, agreements, representations, indemnity and contribution and reimbursement agreements contained in Sections 8 and 10 and the representations and warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the Selling Shareholders and the Selling stockholders and the UnderwriterPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Company, the Selling stockholdersShareholders, the Company Investors or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8Sections 9 or 10, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the Underwriterseveral Placement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the Underwriter, the Selling stockholdersany Placement Agent, the Company or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 8, the indemnitiespayment obligations contained in Section 5, the indemnity and contribution and reimbursement agreements contained in Sections 7 and 9 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the Underwriterseveral Placement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the Underwriterany Placement Agent, the Selling stockholdersCompany, the Company Purchasers or any person Person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the Underwriterseveral Placement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the Underwriter, the Selling stockholdersany Placement Agent, the Company or any person controlling any of them and shall survive delivery of and payment for the Preferred Stock, Stock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 88 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, and the Selling stockholders Principal Subsidiary and the UnderwriterPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Selling stockholdersPrincipal Subsidiary, the Company Company, the Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockStock and Warrants. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 and Sections 11 through 2120, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agents, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockUnits. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89 hereof, the indemnities, contribution, covenants, agreements, representations, warranties and other statements forth in Sections 23, 56, 7 8, and 9 10 hereof and Sections 11 through 2120, inclusive, of this Agreement hereof shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the Underwritereach Placement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agents, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnitiesindemnity, contribution and reimbursement agreements contained in Sections 8 and 10, respectively, and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the Selling Stockholders and the Selling stockholders and the UnderwriterUnderwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterUnderwriters, the Company, the Selling stockholders, the Company Stockholders or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 811, the indemnities, indemnity and contribution and reimbursement agreements contained in Section 10 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the -34- Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterPlacement Agent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterPlacement Agent, the Selling stockholdersCompany, the Company Purchasers or any person controlling any of them and shall survive delivery of and payment for the Stock. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 89, the indemnities, indemnity and contribution agreements contained in Section 8 and the covenants, agreements, representations, warranties and other statements set forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company Company, the Selling Shareholder and the Selling stockholders and the Underwriterseveral Underwriters, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter, the Selling stockholdersShareholder, the Company or any person controlling any of them and shall survive delivery of and payment for the StockShares. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 88 or Section 10, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 5, 7 and 9 and Sections 11 through 21, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.

SURVIVAL OF INDEMNITIES, REPRESENTATIONS, WARRANTIES, ETC. The respective indemnities, covenants, agreements, representations, warranties and other statements of the Company and the Selling stockholders and the UnderwriterAgent, as set forth in this Agreement or made by them respectively, pursuant to this Agreement, shall remain in full force and effect, regardless of any investigation made by or on behalf of the UnderwriterSelling Agent, the Selling stockholdersCompany, the Company Investors or any person controlling any of them and shall survive delivery of and payment for the StockSecurities. Notwithstanding any termination of this Agreement, including without limitation any termination pursuant to Section 85, the indemnities, covenants, agreements, representations, warranties and other statements forth in Sections 2, 57, 7 9, 10, 11, 12, 18 and 9 and Sections 11 through 2119, inclusive, of this Agreement shall not terminate and shall remain in full force and effect at all times.