Survival of Purchaser’s Representations and Warranties. The representations and warranties of Purchaser 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 one year. Purchaser 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 Purchaser prior to the expiration of said one year period and an action shall have been commenced by Seller against Purchaser within sixty (60) days following the expiration of such one year period.
Appears in 3 contracts
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Simpson Manufacturing Co Inc /Ca/), Purchase and Sale Agreement and Joint Escrow Instructions (Simpson Manufacturing Co Inc /Ca/), Purchase and Sale Agreement and Joint Escrow Instructions (Simpson Manufacturing Co Inc /Ca/)
Survival of Purchaser’s Representations and Warranties. The representations and warranties of Purchaser set forth in Section 5.4 5.5 hereof as updated as of the Closing Date in accordance with the terms of this Agreement, shall survive Closing for a period of one (1) year. Purchaser 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 Purchaser prior to the expiration of said one (1) year period and an action shall have been commenced by Seller against Purchaser within sixty (60) days following the expiration of after such one (1) year period.
Appears in 2 contracts
Samples: Sale Agreement (Behringer Harvard Reit I Inc), Sale Agreement (Behringer Harvard Reit I Inc)
Survival of Purchaser’s Representations and Warranties. The representations and warranties of Purchaser 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 one year. Purchaser 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 Purchaser prior to the expiration of said one year period and an action shall have been commenced by Seller against Purchaser within sixty thirty (6030) days following the expiration of such one year period.
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Simpson Manufacturing Co Inc /Ca/)
