Common use of Survival of Representations and Warranties; Remedy for Breach Clause in Contracts

Survival of Representations and Warranties; Remedy for Breach. All of the representations and warranties contained in this Contribution Agreement or in any document delivered pursuant hereto shall survive the Closing for a period of one (1) year from and after the Closing. Any claim for indemnification under Sections 5.3 hereof must be asserted in writing by the Indemnified Party, as the case may be, stating the nature of the Losses and the basis for the indemnification therefor within one (1) year from and after the Closing. If so asserted in writing within one (1) year from and after the Closing, such claims for indemnification shall survive until resolved by mutual agreement between the parties to such claim or until final judicial determination. Any claim for indemnification not so asserted in writing within one (1) year from and after the Closing shall not thereafter be asserted and shall forever be waived.

Survival of Representations and Warranties; Remedy for Breach. All of the representations and warranties contained in this Contribution Merger Agreement or in any document delivered pursuant hereto shall survive the Closing Effective Time for a period of one (1) year from and after the ClosingEffective Time. Any claim for indemnification under Sections 5.3 hereof Section 6.3 must be asserted in writing by the Indemnified Party, as the case may be, stating the nature of the Losses and the basis for the indemnification therefor within one (1) year from and after the ClosingEffective Time. If so asserted in writing within one (1) year from and after the ClosingEffective Time, such claims for indemnification shall survive until resolved by mutual agreement between the parties to such claim or until final judicial determination. Any claim for indemnification not so asserted in writing within one (1) year from and after the Closing Effective Time shall not thereafter be asserted and shall forever be waived.