Common use of Survival of Seller’s Representations and Warranties Clause in Contracts

Survival of Seller’s Representations and Warranties. (a) The representations and warranties of Seller set forth in Section 5.1, as updated by the certificate of Seller to be delivered to Purchaser at Closing in accordance with Section 4.2(g) hereof, shall survive Closing for a period of two hundred seventy (270) days. No claim for a breach of any representation or warranty of Seller shall be actionable or payable (i) if the breach in question results from or is based on a condition, state of facts or other matter which was known to Purchaser's Representative prior to Closing, (ii) unless the valid claims for all such breaches collectively aggregate more than Fifty Thousand Dollars ($50,000), in which event the full amount of such claims shall be actionable, and (iii) unless written notice containing a description of the specific nature of such breach shall have been given by Purchaser to Seller prior to the expiration of said 270-day period and an action shall have been commenced by Purchaser against Seller within sixty (60) days after the termination of the survival period provided for above in this Section 5.

Survival of Seller’s Representations and Warranties. (a) The --------------------------------------------------- representations and warranties of Seller set forth in Section 5.1, 5.1 as updated by the certificate of Seller to be delivered to Purchaser at Closing in accordance with Section 4.2(g) hereof, shall survive Closing for a period of two hundred seventy one (2701) daysyear. No claim for a breach of any representation or warranty of Seller shall be actionable or payable (ia) if the breach in question results from or is based on a condition, state of facts or other matter which was known to Purchaser's Representative Purchaser prior to Closing, (iib) unless the valid claims for all such breaches collectively aggregate more than Two Hundred Fifty Thousand Dollars ($50,000250,000), in which event the full amount of such claims (subject to the following limitation) shall be actionable, and (iiic) unless written notice containing a description of the specific nature of such breach shall have been given by Purchaser to Seller prior to the expiration of said 270-day one (1) year period and an action shall have been commenced by Purchaser against Seller within sixty eighteen (60) days after the termination of the survival period provided for above in this Section 5.18)

Survival of Seller’s Representations and Warranties. (a) The representations and warranties of Seller set forth in Section 5.1, this Agreement as updated by the certificate Certificate of Seller to be delivered to Purchaser at Closing in accordance with Section 4.2(gpursuant to subsection 4.1(k) hereof, shall survive Closing for a period of two hundred seventy 180 days. (270b) days. No claim for a breach of any representation or warranty of Seller shall be actionable or payable payable: (i) if the breach in question results from or is based on a condition, state of facts or other matter which was known to Purchaser's Representative Purchaser prior to Closing, ; or (ii) unless the valid claims for all such breaches collectively aggregate more than Fifty Thousand Dollars ($50,000), in which event event, the full amount of such claims shall be actionable, ; and (iii) unless written notice containing a description of the specific nature of such breach shall have been given by Purchaser to Seller prior to the expiration of said 270-180 day period and an action shall have been commenced by Purchaser against Seller within sixty (60) 270 days after the termination of the survival period provided for above in this Section 5Closing.

Survival of Seller’s Representations and Warranties. (a) The Except as otherwise provided in subsection (b) below, the representations and warranties of Seller set forth in Section 5.1, 5.1 as updated by the certificate of Seller to be delivered to Purchaser at Closing in accordance with Section 4.2(g) hereof, shall survive Closing for a period of two hundred seventy six (2706) daysmonths. No claim for a breach of any representation or warranty of Seller shall be actionable or payable (ia) if the breach in question results from or is based on a condition, state of facts or other matter of which was known to Purchaser's Representative Purchaser had actual written knowledge prior to Closing, (iib) unless the valid claims for all such breaches collectively aggregate more than Fifty Thousand Dollars ($50,000), in which event the full amount of such claims shall be actionable, and (iiic) unless written notice containing a description of the specific nature of such breach shall have been given by Purchaser to Seller prior to the expiration of said 270-day six (6) month period and an action shall have been commenced by Purchaser against Seller within sixty thirty (6030) days after the termination of the six (6) month survival period provided for above in this Section 5.

Survival of Seller’s Representations and Warranties. (a) The representations and warranties of Seller set forth in Section 5.1, 5.1 hereof as updated by the certificate of Seller to be delivered to Purchaser at Closing in accordance with Section 4.2(g) hereof, shall survive Closing for a period of two hundred seventy sixty (27060) days. No claim for a breach of any representation or warranty of Seller shall be actionable or payable (ia) if the breach in question results from or is based on a condition, state of facts or other matter which was known to Purchaser's Representative Purchaser prior to Closing, (iib) unless the valid claims for all such breaches collectively aggregate more than Fifty One Hundred Thousand and No/100 Dollars ($50,000100,000), in which event the full amount of such claims shall be actionable, and (iiic) unless written notice containing a description of the specific nature of such breach shall have been given by Purchaser to Seller prior to the expiration of said 270-sixty (60) day period and an action shall have been commenced by Purchaser against Seller within sixty ten (6010) days after the termination of the survival period provided for above in this Section 5.

Survival of Seller’s Representations and Warranties. (a) The Except as otherwise provided in subsection (b) below, the representations and warranties of Seller set forth in Section 5.1, 5.1 as updated by the certificate of Seller to be delivered to Purchaser at Closing in accordance with Section 4.2(g) hereof, shall survive Closing for a period of two hundred seventy nine (2709) daysmonths. No claim for a breach of any representation or warranty of Seller shall be actionable or payable (ia) if the breach in question results from or is based on a condition, state of facts or other matter which was known to Purchaser's Representative Purchaser prior to Closing, (iib) unless the valid claims for all such breaches collectively aggregate more than Fifty One Hundred Thousand Dollars ($50,000100,000), in which event the full amount of such claims shall be actionable, and (iiic) unless written notice containing a description of the specific nature of such breach shall have been given by Purchaser to Seller prior to the expiration of said 270-day nine (9) month period and an action shall have been commenced by Purchaser against Seller within sixty (60) days after the termination of the survival period provided for above in this Section 5.

Survival of Seller’s Representations and Warranties. (a) The representations and warranties of Seller set forth in Section 5.1, 5.1 as updated by the certificate of Seller to be delivered to Purchaser at Closing in accordance with Section 4.2(g) hereof, shall survive Closing for a period of two hundred seventy nine (2709) daysmonths. No claim for a breach of any representation or warranty of Seller shall be actionable or payable (ia) if the breach in question results from or is based on a condition, state of facts or other matter which was known to Purchaser's Representative Purchaser prior to Closing, (iib) unless the valid claims for all such breaches collectively aggregate more than Fifty One Hundred Thousand and 00/100th Dollars ($50,000100,000.00), in which event the full amount of such claims shall be actionable, subject to the Cap (as defined herein), and (iiic) unless written notice containing a description of the specific nature of such breach shall have been given by Purchaser to Seller prior to the expiration of said 270nine-day month period and an action shall have been commenced by Purchaser against Seller within sixty thirty (6030) days after the termination of the survival period provided for above in this Section 5.