Common use of Effect of Certain Waivers of Closing Conditions Clause in Contracts

Effect of Certain Waivers of Closing Conditions. If prior to the Closing any party (the "Waiving Party") receives written notice from the other party of any breach or breaches by such other party of any representation, warranty or covenant contained in this Agreement and such other party acknowledges in writing that the effect of such breach or breaches, individually or in the aggregate, is a failure of any condition to the Waiving Party's obligations set forth in this Section 8 and the waiving party proceeds with the Closing, the Waiving Party shall be deemed to have waived such breach with respect to the matters specifically identified in such written acknowledgement, and the Waiving Party and its successors, assigns and Affiliates shall not be entitled to be indemnified pursuant to Section 9, to ▇▇▇ for damages or to assert any other right or remedy for any Losses arising from such condition or breach, notwithstanding anything to the contrary contained in this Agreement on in any certificate delivered pursuant hereto.

Effect of Certain Waivers of Closing Conditions. If prior to the Closing any party (the "Waiving Partywaiving party") receives written notice from the other party of any breach or breaches by such other party of any representation, warranty or covenant contained in this Agreement and such other party acknowledges in writing that the effect of such breach or breaches, individually or in the aggregate, is a failure of any condition to the Waiving Partywaiving party's obligations set forth in this Section Article 8 and the waiving party proceeds with the Closing, the Waiving Party waiving party shall be deemed to have waived such breach with respect to the matters specifically identified in such written acknowledgement, and the Waiving Party waiving party and its successors, assigns and Affiliates shall not be entitled to be indemnified pursuant to Section Article 9, to ▇▇▇ sue for damages or to assert any other right or remedy for any Losses Loss▇▇ arising from such condition or breach, notwithstanding anything to the contrary contained in this Agreement on in any certificate delivered pursuant hereto.