Change in Information. Seller and Buyer will advise the other in writing immediately, but in any event prior to the Closing, of: (a) the occurrence of any event which renders any of the representations or warranties set forth herein materially inaccurate or the awareness of either of them that any representation or warranty set forth herein was not materially accurate when made; and (b) the failure of any Party hereto to comply with or accomplish in any material respect any of the covenants or agreements set forth herein. At or before the Closing, all schedules to this Agreement shall be updated as of the Closing Date. Any Party adversely affected by a change to a schedule may elect to close the Transaction without prejudice to such Party's rights to indemnification relating to any such change.
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Sources: Asset Purchase Agreement (Insituform East Inc), Asset Purchase Agreement (Cerbco Inc)
Change in Information. Seller Each Company and Buyer Insituform will advise the other in writing immediately, but in any event prior to the Closing, of:
(ai) the occurrence of any event which renders any of the representations or warranties set forth herein materially inaccurate or the awareness of either of them that any representation or warranty set forth herein was not materially accurate when made; and
(bii) the failure of any Party party hereto to comply with or accomplish in any material respect any of the covenants or agreements set forth herein. At or before the Closing, all schedules to this Agreement shall be updated as of the Closing Date. Any Party party adversely affected by a change to a schedule may elect to close the Transaction without prejudice to such Partyparty's rights to indemnification relating to any such change.
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