Common use of Survival of Purchaser’s Representations and Warranties Clause in Contracts

Survival of Purchaser’s Representations and Warranties. The representations and warranties of Purchaser set forth in Sections 9.4.1 through 9.4.4 shall be remade by Purchaser as of the Closing Date (other than representations and warranties made specifically as to a certain date, in which case such representations and warranties shall be remade as of such certain date) in accordance with Section 4.3.7 above and shall survive indefinitely and the representations and warranties of Purchaser set forth in Sections 9.4.5 through 9.4.9 shall survive the Closing for a period of 12 months. Written notice of any claim as to a breach of any representation or warranty must be made by Sellers to Purchaser in accordance with this Agreement prior to the date which is 30 days after the expiration of such applicable survival period or it shall be deemed a waiver of Sellers’ right to assert such claim.

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement (American Realty Capital Hospitality Trust, Inc.), Real Estate Purchase and Sale Agreement (Summit Hotel Properties, Inc.)

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Survival of Purchaser’s Representations and Warranties. The representations and warranties of Purchaser set forth in Sections 9.4.1 through 9.4.4 shall be remade by Purchaser as of the each Closing Date (other than representations and warranties made specifically as to a certain date, in which case such representations and warranties shall be remade as of such certain date) in accordance with Section 4.3.7 above and shall survive indefinitely and the representations and warranties of Purchaser set forth in Sections 9.4.5 through 9.4.9 shall survive the each applicable Closing for a period of 12 months. Written notice of any claim as to a breach of any representation or warranty must be made by Sellers to Purchaser in accordance with this Agreement prior to the date which is 30 days after the expiration of such applicable survival period or it shall be deemed a waiver of Sellers’ right to assert such claim.

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement (American Realty Capital Hospitality Trust, Inc.), Real Estate Purchase and Sale Agreement (Summit Hotel Properties, Inc.)

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