Common use of Warranties and Representations; Default Clause in Contracts

Warranties and Representations; Default. Seller’s representations and warranties contained in this Agreement shall be true and correct in all material respects. If a representation or warranty cannot be made, or it is subsequently determined to be breached, or if Seller is otherwise in default hereunder, Buyer may rescind this Agreement based on such Seller default at any time before the Settlement Deadline and seek to recover its damages incurred in reliance on this Agreement if such rescission is a result of Seller’s default; but otherwise must bring an action for damages alone for any such Seller default occurring after such deadline.