Common use of Survival of Representations and Covenants Clause in Contracts

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath until the end of the Escrow Period. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath contained in this Agreement shall terminate as of the Effective Time, provided that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 and 9.3 shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Target contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath Acquiror until the end of the Escrow Period. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath Acquiror contained in this Agreement shall terminate as of the Effective Time, provided PROVIDED that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 6.8 and 9.3 shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Target contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath Acquiror until the end of the Escrow Period. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath Acquiror contained in this Agreement shall terminate as of the Effective Time, provided PROVIDED that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 and 9.3 shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Target contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath Acquiror until the end of the Escrow Period. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath Acquiror contained in this Agreement shall terminate as of the Effective Time, provided -------- that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 6.7 and 9.3 shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Navius contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath Endosonics until the end of the Escrow Period. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath Endosonics contained in this Agreement shall terminate as of the Effective Time, provided that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 6.7 and 9.3 shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Target contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath Acquiror until the end of the Escrow Period. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath Acquiror contained in this Agreement shall terminate as of the Effective Time, provided that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 6.7 and 9.3 and Article X shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Target contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath Acquiror until the earlier of (i) the end of the Escrow PeriodPeriod or (ii) the termination of this Agreement in accordance with Article IX. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath Acquiror contained in this Agreement shall terminate as of the Effective Time, provided that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 and Section -------- 9.3 shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Target contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath HearMe until the end of the Escrow Period. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath HearMe contained in this Agreement shall terminate as of the Effective Time, provided PROVIDED that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 and 9.3 shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Target contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath Acquiror until March 31, 1999, except for the representations contained in Section 3.5, which shall survive until the end expiration of the Escrow Periodany applicable statute of limitations under applicable law. If Escrow Shares Consideration or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares Consideration or other assets relate. All representations, warranties, covenants and agreements of Mpath Acquiror contained in this Agreement shall terminate as of the Effective Time, provided that the covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 7.9 and 9.3 shall survive the Closing and shall continue in full force and effect.

Survival of Representations and Covenants. All ----------------------------------------- representations, warranties, covenants and agreements of RTI Target contained in this Agreement shall survive the Closing and any investigation at any time made by or on behalf of Mpath Acquiror until the end of the Escrow Period. If Escrow Shares or other assets are retained in the Escrow Fund beyond expiration of the period specified in the Escrow Agreement, then (notwithstanding the expiration of such time period) the representation, warranty, covenant or agreement applicable to such claim shall survive until, but only for purposes of, the resolution of the claim to which such retained Escrow Shares or other assets relate. All representations, warranties, covenants and agreements of Mpath Acquiror contained in this Agreement shall terminate as of the Effective Time, provided that the -------- covenants -------- and agreements contained in Sections 6.5, 6.6, 6.7, 6.8, 6.9 6.6 and 9.3 shall survive the Closing and shall continue in full force and effect.