Common use of Survival of Representations, Warranties and Covenants of the Purchaser Clause in Contracts

Survival of Representations, Warranties and Covenants of the Purchaser. The representations, warranties, covenants and obligations of the Purchaser in or under this Agreement (except for Sections 7.2 and 10.2 hereof) and in or under any documents, instruments and agreements delivered pursuant to this Agreement, will survive the completion of the transactions contemplated hereby and will continue in full force and effect for a period of one year from the applicable Closing Date. At the end of such period, such representations, warranties, covenants and obligations will terminate and no claim may be brought by the relevant Vendor against the Purchaser thereafter in respect of such representations, warranties, covenants and obligations, except for claims that have been asserted by the Vendor prior to such termination. The covenants and obligations of the Purchaser in or under Sections 7.2 and 10.2 of this Agreement will terminate when the underlying Vessel Warranties or the rights or benefits under the Initial Asset Newbuilding MOA, the Memoranda of Agreement, the Ship Building Contract or the Purchase Option Charters, as the case may be, have contractually terminated or otherwise expired. At the end of such period, such covenants and obligations will terminate and no claim may be brought by the relevant Vendor against the Purchaser thereafter in respect of such covenants and obligations, except for claims that have been asserted by the Purchaser prior to such termination. Neither CMA CGM nor any Vendor shall have a claim for breach of any representation, warranty, covenant or obligation of the Purchaser pursuant to this Agreement in respect of any matter that (i) was known to it at the relevant Date of Closing and irrespective of whether such matter was known to it as a result of searching, investigation or inquiries made by it (or on its behalf) or disclosed to it by the Purchaser (or on behalf of the Purchaser) or (ii) is capable of prompt remedy.

Survival of Representations, Warranties and Covenants of the Purchaser. The representations, warranties, covenants representations and obligations warranties of the Purchaser in or under this Agreement (except for Sections 7.2 and 10.2 hereof) and in or under any documents, instruments and agreements delivered pursuant to this Agreement, will survive the completion of the transactions contemplated hereby regardless of any independent investigations that any Vendor may make or cause to be made, or knowledge either of them may have, prior to the applicable Time of Closing and will continue in full force and effect for a period of one year from the applicable Closing Date. At the end of such period, such representations, warranties, covenants representations and obligations warranties will terminate and no claim may be brought by the relevant Vendor against the Purchaser thereafter in respect of such representations, and warranties, covenants and obligations, except for claims that have been asserted by the Vendor prior to such termination. The covenants and obligations of the Purchaser in this Agreement (other than in respect of Sections 2.7, 7.2, 8 and 10.2), and in or under any documents, instruments and agreements delivered pursuant to this Agreement, will survive the completion of the transactions contemplated hereby regardless of any independent investigations that the Vendors may make or cause to be made, or knowledge it may have, prior to the applicable Time of Closing and will continue in full force and effect for a period of two years from the applicable Closing Date. At the end of such period, such covenants and obligations will terminate and no claim may be brought by the relevant Vendor against the Purchaser thereafter in respect of such covenants and obligations, except for claims that have been asserted by the Vendors prior to such termination. The covenants and obligations of the Purchaser in respect of Sections 7.2 2.7, 8 and 10.2 will survive indefinitely. The covenants and obligations of the Purchaser in or under Section 7.2 of this Agreement will terminate when the underlying Vessel Warranties or the Warranties, rights or benefits under the Initial Asset Newbuilding MOA, the Memoranda of Agreement, the relevant Ship Building Contract or the Purchase Option ChartersContract, as the case may be, have contractually terminated or otherwise expired. At the end of such period, such covenants and obligations will terminate and no claim may be brought by the relevant Vendor against the Purchaser thereafter in respect of such covenants and obligations, except for claims that have been asserted by the Purchaser prior to such termination. Neither CMA CGM nor any Vendor shall have a claim for breach of any representation, warranty, covenant or obligation of the Purchaser pursuant to this Agreement in respect of any matter that (i) was known to it at the relevant Date of Closing and irrespective of whether such matter was known to it as a result of searching, investigation or inquiries made by it (or on its behalf) or disclosed to it by the Purchaser (or on behalf of the Purchaser) or (ii) is capable of prompt remedy.

Survival of Representations, Warranties and Covenants of the Purchaser. The representations, warranties, covenants and obligations of the Purchaser in or under this Agreement (except for Sections 7.2 and 10.2 hereof) and in or under any documents, instruments and agreements delivered pursuant to this Agreement, will survive the completion of the transactions contemplated hereby and will continue in full force and effect for a period of one year from the applicable Closing Date. At the end of such period, such representations, warranties, covenants and obligations will terminate and no claim may be brought by the relevant Vendor against the Purchaser thereafter in respect of such representations, warranties, covenants and obligations, except for claims that have been asserted by the Vendor prior to such termination. The covenants and obligations of the Purchaser in or under Sections 7.2 and 10.2 of this Agreement will terminate when the underlying Vessel Warranties or the rights or benefits under the Initial Asset Newbuilding MOA, the Memoranda of Agreement, the Ship Building Contract or the Purchase Option Charters, as the case may be, have contractually terminated or otherwise expired. At the end of such period, such covenants and obligations will terminate and no claim may be brought by the relevant Vendor against the Purchaser thereafter in respect of such covenants and obligations, except for claims that have been asserted by the Purchaser prior to such termination. Neither CMA CGM nor any Vendor shall have a claim for breach of any representation, warranty, covenant or obligation of the Purchaser pursuant to this Agreement in respect of any matter that (i) was known disclosed on the Disclosure Schedule to it at the relevant Date of Closing and irrespective of whether such matter Merger Agreement, (ii) was known to it disclosed in this Agreement or its attached Schedules (except as a result of searchingdisclosed in Schedule 4.1(m) attached hereto), investigation or inquiries made by it (or on its behalf) or disclosed to it by the Purchaser (or on behalf of the Purchaser) or (iiiii) is capable of prompt remedy.