Survival of Warranties, Representations and Covenants. The warranties, representations and covenants of the Company and the Investor contained in or made pursuant to this Agreement or contained in any certificate delivered pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of the Investor or the Company.
Survival of Warranties, Representations and Covenants. All representations and warranties contained in the Agreement shall survive Closing and continue with respect to claims made before two (2) years following Closing (the “Survival Period”). Except as otherwise provided herein, the covenants, indemnities and agreements contained in the Agreement shall survive Closing and continue in accordance with their respective terms.
Survival of Warranties, Representations and Covenants. The ---------------------- ----------------------------- representations, warranties and covenants of Sellers made in this Agreement shall survive the Closing and consummation of the transactions contemplated hereby for a period of twenty-four (24) months from the date of this Agreement, except that in the case of any claim arising out of the representantions or warranties herein relating to Section 7.13 (Environmental Matters) and Section 7.21 (Taxes) they shall survive the closing in each case until the expiration of the applicable statute of limitations. Nevertheless, so long as the Partnership or the Company provides the Seller with written notice of any breach, violation or right to indemnification thereunder with the period ending twenty-four (24) months after the date of this Agreement the representations, warranties and covenants of the Seller relating to such notice shall remain in full force and effect as to the matters covered in such notice. After Closing, neither the Company nor the Partnership shall prosecute any claim against any Seller for a breach of the foregoing representations and warranties if the Company or the Partnership obtained knowledge of such breach prior to Closing. The foregoing representations and warranties shall not be affected by any investigation or verification made by or on behalf of the Company or the Partnership.
Survival of Warranties, Representations and Covenants. The representations and warranties contained in Sections 4.1(a) and 5.3 shall terminate on the Defect Notice Date; the representations and warranties contained in Sections 6.1 through 6.5, and Sections 7.1 through 7.7 shall survive the Closing indefinitely; and the representations and warranties contained in Sections 6.6 through 6.27 shall survive the Closing for the period of twelve (12) months. Each applicable survival period may be referred to herein as a “Survival Period”. Except as otherwise provided in this Section 15.15, all representations, covenants, indemnities and agreements contained in the Agreement shall survive the Closing and continue in accordance with their respective terms.
Survival of Warranties, Representations and Covenants. The representations and warranties contained in Sections 4.1(a) and 5.2 shall terminate on the Defect Notice Date; the representations and warranties contained in Sections 7.1 through 7.5(a), with respect to Laramie, Sections 9.1 through 9.5(a), with respect to Delta, and Sections 8.1 through 8.5 with respect to the Company shall survive for a period of sixty (60) days following Closing. All other representations and warranties contained in the Agreement shall terminate on the Closing Date. The indemnification obligations of Laramie pursuant to Section 16.2(a)(i),(iii) and (iv) and Delta pursuant to Section 16.2(b)(i), (iii) and (iv) shall survive for 60 days after the Closing Date as to Property Expense obligations (other than Royalty Liabilities) and shall survive for two years after the Closing Date as to Royalty Liabilities. Each applicable survival period is referred to herein as a “Survival Period.” Except as otherwise provided herein, the covenants, indemnities and agreements contained in the Agreement shall survive the Closing and continue in accordance with their respective terms.
Survival of Warranties, Representations and Covenants. All representations and warranties contained in Articles 6 and 7 of this Agreement shall survive the Closing and remain in full force and effect until 5:00 p.m., Denver, Colorado time, on the date that is nine (9) months after the Closing Date, at which time they shall terminate, except that those representations and warranties set forth in Sections 6.1 (Status), 6.2 (Power), 6.3 (Authorization and Enforceability) and Section 6.4 (Broker’s Fees) made by Seller, and Sections 7.1 (Organization and Standing), 7.2 (Power) and 7.3 (Authorization and Enforceability) made by Buyer (the “Fundamental Representations”), will survive indefinitely (the applicable period, being referred to herein as the “Survival Period”). The covenants and performance obligations contained in this Agreement that contemplate performance after the Closing shall survive the Closing and shall continue until all obligations with respect thereto shall have been performed or satisfied or shall have been terminated in accordance with their terms.
Survival of Warranties, Representations and Covenants. The representations and warranties contained in Subsection 4.2(a) and Section 5.2 shall terminate on the Defect Notice Date; the representations and warranties contained in Sections 6.1 through 6.6, 6.9, 6.15, and Sections 7.1 through 7.12, and Subsections 8.2(a), 8.2(b), 8.2(d), through 8.2(h), and 8.2(k) through 8.2(m) shall survive indefinitely, subject to applicable statutes of limitation. All other representations and warranties contained in the Agreement shall terminate nine (9) months after the Closing Date. Each applicable survival period may be referred to as a “Survival Period.” Except as otherwise provided herein, the covenants, indemnities and agreements contained in the Agreement shall survive the Closing and continue in accordance with their respective terms.
Survival of Warranties, Representations and Covenants. All representations and warranties contained in Articles 3 and 4 of this Agreement shall survive the Closing and remain in full force and effect until 5:00 p.m., Denver, Colorado time, on the date that is six (6) months after the date hereof, at which time they shall terminate, except that those representations and warranties set forth in Sections 6.1 (Status), 6.2 (Power) and 6.3 (Authorization and Enforceability) made by Liberty, and Sections 7.1 (Organization and Standing), 7.2 (Power) and 7.3 (Authorization and Enforceability) made by Emerald (those representations made by Liberty and Emerald, collectively the “Fundamental Representations”), will survive indefinitely (the applicable period, being referred to herein as the “Survival Period”). The covenants and performance obligations contained in this Agreement that contemplate performance after the Closing shall survive the Closing and shall continue until all obligations with respect thereto shall have been performed or satisfied or shall have been terminated in accordance with their terms. Both Parties acknowledge that the limitations on survival in this Section 14.6 are a contractual statute of limitations that limits such Party’s ability to make a claim against the other Party that such Party may otherwise have available under Law. -50-
Survival of Warranties, Representations and Covenants. The foregoing representations and warranties shall not be affected by any investigation or verification made by or on behalf of the Company or the Partnership. The representations, warranties and covenants of Sellers made in this Agreement shall survive the Closing and consummation of the transactions contemplated hereby, and shall remain in full force and effect so long as the Company or the Partnership provides the Sellers with written notice of any breach, violation or right to indemnification thereunder within a period ending 24 months from the date of this Agreement, except that in the case of any claim arising out of the representations or warranties herein relating to Section 7.13 (Environmental Matters) and Section 7.21 (Taxes), such representations and warranties shall survive in each case until the applicable statute of limitations has run. After Closing, neither the Company nor the Partnership shall prosecute any claim against any Seller for a breach of the foregoing representations and warranties if the Company or the Partnership have obtained knowledge of such breach prior to Closing.
Survival of Warranties, Representations and Covenants. All representations and warranties, covenants, indemnities and performance obligations in this Agreement shall survive the Closing and remain in full force and effect until 5:00 p.m., Houston, Texas time, on the date that is 12 months after the Closing Date (“Survival Period”), except for those representations and warranties set forth in Sections 6.1, 6.2, 6.3 with respect to the Seller, or Sections 7.1, 7.2 or 7.3 with respect to the Buyer, which representations will survive indefinitely (the “Fundamental Representations”). If a Claim Notice has been properly delivered before the date any representation, warranty, covenant, or performance obligation would otherwise expire under this Section alleging a right to indemnification or defense for Losses arising out, relating to, or attributable to the breach of such representation, warranty, covenant, or performance obligation, such representation, warranty, covenant, or performance obligation shall continue to survive until the claims asserted in such Claim Notice that are based on the breach of such representation, warranty, covenant, or performance obligation have been fully and finally resolved under the terms of this Agreement or by agreement (including a settlement agreement) of the Parties.
