Common use of Commodore Clause in Contracts

Commodore. The representations and warranties of Commodore contained in this Agreement, or any agreement, certificate or other document delivered or given pursuant to this Agreement, shall survive the consummation of the transactions contemplated by this Agreement and, notwithstanding such completion or any investigation made by or on behalf of Applied, shall continue in full force and effect for the benefit of Applied and any claim in respect thereof shall be made in writing: (a) with respect to representations and warranties of Commodore, relating to matters other than tax matters, for a period of three years after the Closing Date; and (b) with respect to representations and warranties of Commodore, relating to tax liability or other tax matters, within the period commencing on the Closing Date and expiring on the date on which the last applicable limitation period (without giving effect to any voluntary extension(s) hereafter granted by or on behalf of either of the Subsidiaries) under any applicable taxation legislation expires with respect to any fiscal year of the Subsidiaries which is relevant in determining any relevant tax liability of the Subsidiaries.