Common use of Continuation and Survival Clause in Contracts

Continuation and Survival. The indemnification provisions of this Section 9 and all representations and warranties by the respective Parties contained herein or made in writing pursuant to this Restated Agreement shall survive the execution and delivery of this Restated Agreement and the delivery of the Deed and transfer of title, provided that the non-representing or non-indemnifying Party must give the representing Party written notice of any claim it may have against the representing or indemnifying Party for a breach of any such representation or warranty within twelve (12) months after the Closing Date (the “Survival Period”). Any claim which either Party may have at any time, whether known or unknown, which is not asserted within the Survival Period shall not be valid or effective, and the representing or indemnifying Party shall have no liability with respect thereto.

Continuation and Survival. The indemnification provisions of this Section 9 and all representations and warranties by the respective Parties contained herein or made in writing pursuant to this Restated Agreement shall survive the execution and delivery of this Restated Agreement and the delivery of the Deed and transfer of title, provided that the non-representing or non-indemnifying Party must give the representing Party written notice of any claim it may have against the representing or indemnifying Party for a breach of any such representation or warranty within twelve (12) months after the Closing Date (the “Survival Period”). Any claim which either Party may have at any time, whether known or unknown, which is not asserted within the Survival Period shall not be valid or effective, and the representing or indemnifying Party shall have no liability with respect thereto.