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

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 9 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 300,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 500,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 450,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 9 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 250,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 12 months (the "" Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration or initiated an action against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 200,000.00 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,0005,000.00. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 9 months (the "“ Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 500,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration filed suit against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 600,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 9 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 350,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 250,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 337,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration commenced litigation against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 300,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration commenced litigation against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 400,000.00 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,0005,000.00. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser Buyer agree that Seller's ’s Representations shall survive Closing for a period of 6 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser Buyer has requested arbitration commenced suit against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser Buyer for more than $150,000 50,000.00 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor ’s Representations under this Agreement and/or all representations of Seller under the Partnership Sale Contract. Nor shall Purchaser Buyer be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser Buyer exceeds $5,0005,000.00. In the event that Seller breaches any representation contained in Section 6.1 7.1 and Purchaser Buyer had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser Buyer shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 9 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against delivered notice to Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 500,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 12 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 80,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration initiated litigation against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 300,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 500,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 50,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 twelve (12) months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 500,000.00 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,0005,000.00. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 200,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 9 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 50,000.00 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,0005,000.00. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 9 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to any of Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances Further, the liability for Seller for breach of its Seller’s Representations shall Seller be liable to Purchaser limited to, and capped at, $250,000. Such cap on liability shall apply for more than $150,000 in any individual instance breach or in the aggregate for all breaches of Seller's Representations, nor ’s Representations with respect to the Property. Purchaser shall Purchaser not be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser for the Property exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 9 months (the "“ Survival Period"”). Seller shall have no liability after the Survival Period with respect to the Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 500,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor ’s Representations with respect to the Property. Purchaser shall Purchaser not be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration filed suit against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 400,000 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's ’s Representations shall survive Closing for a period of 6 9 months (the "“Survival Period"”). Seller shall have no liability after the Survival Period with respect to Seller's ’s Representations contained herein except to the extent that Purchaser has requested arbitration initiated litigation against Seller during the Survival Period for breach of any of Seller's ’s Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 850,000 in any individual instance or in the aggregate for all breaches of Seller's ’s Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's ’s Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had actual knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.

Survival of Seller’s Representations. Seller and Purchaser agree that Seller's Representations shall survive Closing for a period of 6 9 months (the "Survival Period"). Seller shall have no liability after the Survival Period with respect to Seller's Representations contained herein except to the extent that Purchaser has requested arbitration against Seller during the Survival Period for breach of any of Seller's Representations. Under no circumstances shall Seller be liable to Purchaser for more than $150,000 350,000.00 in any individual instance or in the aggregate for all breaches of Seller's Representations, nor shall Purchaser be entitled to bring any claim for a breach of Seller's Representations unless the claim for damages (either in the aggregate or as to any individual claim) by Purchaser exceeds $5,000. In the event that Seller breaches any representation contained in Section 6.1 and Purchaser had knowledge of such breach prior to the Closing Date, and elected to close regardless, Purchaser shall be deemed to have waived any right of recovery, and Seller shall not have any liability in connection therewith.