Common use of Representations and Warranties Survive the Closing; Severability Clause in Contracts

Representations and Warranties Survive the Closing; Severability. Investor’s and the Company’s representations and warranties shall survive the Investment Date and any Put Closing contemplated by this Agreement for a period of twenty-four (24) months from the Agreement Date notwithstanding any due diligence investigation made by or on behalf of the party seeking to rely thereon. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, or is altered by a term required by the Securities Exchange Commission to be included in the Registration Statement, this Agreement shall continue in full force and effect without said provision; provided that if the removal of such provision materially changes the economic benefit of this Agreement to the Investor, this Agreement shall terminate.

Representations and Warranties Survive the Closing; Severability. Investor’s 's and the Company’s 's representations and warranties shall survive the Investment Date and any Put Closing contemplated by this Agreement for a period ending on the first anniversary of twenty-four (24) months from the Agreement Date final Put Closing, notwithstanding any due diligence investigation made by or on behalf of the party seeking to rely thereon. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, or is altered by a term required by the Securities Exchange Commission to be included in the Registration Statement, this Agreement shall continue in full force and effect without said provision; provided that if the removal of such provision materially and adversely changes the economic benefit of this Agreement to the Investor, this Agreement shall terminate.