Common use of Timing and Survival Clause in Contracts

Timing and Survival. The respective representations and warranties made by Seller and Buyer in this Agreement shall be deemed remade as of the Closing with the same force and effect as if in fact made at that time. All representations and warranties made in this Agreement shall survive and shall not merge at Closing. Anything in this Agreement to the contrary notwithstanding, the effect of the representations and warranties made in this Agreement by Seller shall not be diminished or deemed to be waived by any inspections, tests or investigations with respect to the Property made by Buyer or its agents, contractors or employees. The provisions of this Section shall apply notwithstanding any other provisions of this Agreement, and shall survive termination, cancellation, or completion of this Agreement and Closing.

Timing and Survival. The respective representations and warranties made by Seller and Buyer in this Agreement shall be deemed remade as of the Closing with the same force and effect as if in fact made at that time. All representations and warranties made in this Agreement shall survive and shall not merge at Closing. Anything in this Agreement to the contrary notwithstanding, the effect of the representations and warranties made in this Agreement by Seller shall not be diminished or deemed to be waived by any inspections, tests or investigations with respect to the Property Assets made by Buyer or its agents, contractors or employees. The provisions of this Section shall apply notwithstanding any other provisions of this Agreement, and shall survive termination, expiration, cancellation, or completion of this Agreement and Closing.