UPDATE OF REPRESENTATIONS. If any party to this Agreement becomes aware of any breach of the representations and warranties contained herein, whether made by such party or any other party, such party shall notify all other parties, by the delivery of a new or revised Schedule disclosing the facts constituting such breach or otherwise. The non-breaching parties shall be entitled to exercise any right they may have to terminate this Agreement on the basis of such breach, but if they elect to proceed with the Closing rather than terminating, the breach so disclosed and all remedies in respect thereof shall be deemed to have been waived.
Appears in 8 contracts
Samples: Merger Agreement (Lithia Motors Inc), Agreement and Plan of Reorganization (Lithia Motors Inc), Stock Purchase Agreement (Umpqua Holdings Corp)