Common use of Survival of Warranties, Representations and Covenants Clause in Contracts

Survival of Warranties, Representations and Covenants. The ---------------------- ----------------------------- representations, warranties and covenants of Sellers made in this Agreement shall survive the Closing and consummation of the transactions contemplated hereby for a period of twenty-four (24) months from the date of this Agreement, except that in the case of any claim arising out of the representantions or warranties herein relating to Section 7.13 (Environmental Matters) and Section 7.21 (Taxes) they shall survive the closing in each case until the expiration of the applicable statute of limitations. Nevertheless, so long as the Partnership or the Company provides the Seller with written notice of any breach, violation or right to indemnification thereunder with the period ending twenty-four (24) months after the date of this Agreement the representations, warranties and covenants of the Seller relating to such notice shall remain in full force and effect as to the matters covered in such notice. After Closing, neither the Company nor the Partnership shall prosecute any claim against any Seller for a breach of the foregoing representations and warranties if the Company or the Partnership obtained knowledge of such breach prior to Closing. The foregoing representations and warranties shall not be affected by any investigation or verification made by or on behalf of the Company or the Partnership.

Survival of Warranties, Representations and Covenants. The ---------------------- ----------------------------- representations, warranties and covenants of Sellers made in this Agreement shall survive the Closing and consummation of the transactions contemplated hereby for a period of twenty-four (24) months from the date of this Agreement, except that in the case of any claim arising out of the representantions or warranties herein relating to Section 7.13 (Environmental Matters) and Section 7.21 (Taxes) they shall survive the closing in each case until the expiration of the applicable statute of limitations. Nevertheless, so long as the Partnership or the Company provides the Seller with written notice of any breach, violation or right to indemnification thereunder with the period ending twenty-four (24) months after the date of this Agreement the representations, warranties and covenants of the Seller relating to such notice shall remain in full force and effect as to the matters covered in such notice. After Closing, neither the Company nor the Partnership shall prosecute any claim against any Seller for a breach of the foregoing representations and warranties if the Company or the Partnership obtained knowledge of such breach prior to Closing. The ------------------------------ foregoing representations and warranties shall not be affected by any investigation or verification made by or on behalf of the Company or the Partnership. The representations, warranties and covenants of Contributors made in this Agreement shall survive the Closing and consummation of the transactions contemplated hereby, and shall remain in full force and effect so long as the Company or the Partnership provides the Contributor with written notice of any breach, violation or right to indemnification thereunder within a period ending 24 months from the date of this Agreement, except that in the case of any claim arising out of the representations or warranties herein relating to Section 9.15 (Environmental Matters) and Section 9.24 (Taxes), and Section 9.26 (Employee Benefit Liabilities), such representations and warranties shall survive in each case until the applicable statute of limitations has run. After Closing, neither the Company nor the Partnership shall prosecute any claim against the Contributor for a breach of the foregoing representations and warranties if the Company or the Partnership have obtained actual knowledge of such breach prior to Closing.