Common use of Warranties Survive Closing Clause in Contracts

Warranties Survive Closing. Notwithstanding any investigation by or information supplied to Seller, the warranties and representations of Buyer contained in this Agreement will be true and correct on the Closing Date and will survive the Closing for sixteen (16) months following the Closing Date. Any claim for indemnification under Article VIII, below, made in writing prior to the expiration of the sixteen (16) month period specified in Paragraph 8.2, and the rights of indemnity with respect to such claim, will survive such expiration until resolved or judicially determined and any such claim not submitted in writing prior to the expiration of such applicable survival period will be considered to have been waived.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Briggs & Stratton Corp), Asset Purchase Agreement (Ari Network Services Inc /Wi)

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Warranties Survive Closing. Notwithstanding any investigation by or information supplied to SellerBuyer, the warranties and representations of Buyer Seller contained in this Agreement will be true and correct on the Closing Date and will survive the Closing for sixteen (16) months following the Closing Date. Any claim for indemnification under Article VIII, VIII below, made in writing prior to the expiration of the sixteen (16) month period specified in Paragraph 8.28.1, and the rights of indemnity with respect to such claim, will survive such expiration until resolved or judicially determined and any such claim not submitted in writing prior to the expiration of such applicable survival period will be considered to have been waived. Notwithstanding the foregoing, the first sentence of Paragraph 4.4 and the right of indemnity with respect thereto shall forever survive the Closing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Briggs & Stratton Corp), Asset Purchase Agreement (Ari Network Services Inc /Wi)

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