Common use of Limitation on Liability and Survivability Clause in Contracts

Limitation on Liability and Survivability. Notwithstanding any provision to the contrary herein or in any document or instrument (including any assignment) delivered in connection with the transaction contemplated hereby (collectively, “Closing Documents”), the representations and warranties contained herein or in any Closing Document shall survive the Closing for a period of nine (9) months (the “Survival Period”). No claim for a breach of 30 any representation or warranty shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was known to the other party prior to Closing.

Limitation on Liability and Survivability. Notwithstanding any provision to the contrary herein or in any document or instrument (including any assignment) delivered in connection with the transaction contemplated hereby (collectively, “Closing Documents”), the representations and warranties contained herein or in any Closing Document shall survive the Closing for a period of nine (9) months (the “Survival Period”). No claim for a breach of 30 any representation or warranty shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was known to the other party prior to Closing.