Common use of Survival of Warranties and Representations Clause in Contracts

Survival of Warranties and Representations. The parties' representations and warranties in this Agreement shall be deemed to have been remade as of Closing, as if made on and as of such date, except for such factual matters, if any, occurring subsequent to the date of this Agreement, which are set forth in a certificate of changed circumstances delivered on or before the Closing Date, which certificate upon delivery shall be deemed to constitute a part of this Agreement, provided that such matter shall not affect Buyer's termination rights under Subsection 13.1. Consummation of this Agreement by either party with knowledge of any breach by the other party shall not be deemed a waiver or release of any claims hereunder due to such breach. All representations and warranties contained in this Agreement shall survive Closing.