Common use of Survival of Representations and Agreements Clause in Contracts

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or any controlling person thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or any controlling person thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Series F D Preferred Stock (and the related Depositary Shares) to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d12(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company and the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) C Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d12(d) shall survive the termination of this Agreement, including any termination pursuant to Section 1112.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including including, but not limited to, the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Issuers and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company Issuers and the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f), 4(r) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Restricted Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) 9 and 11(d12(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Initial Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 7, 9 and 11(d12(d) shall survive the termination of this Agreement, including any termination pursuant to Section 1112.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the an Initial Purchasers or Purchaser, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Initial Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof or by or on behalf of the Company or any Guarantor or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Dyersburg Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company and the Dyersburg Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations ------------------------------------------ and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Restricted Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations ------------------------------------------ and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the an Initial Purchasers or Purchaser, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchaser, the Company and the Company Guarantors contained in this Agreement, including including, but not limited to, the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchaser, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial PurchasersPurchaser. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Subsidiary Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d12(d), the indemnity agreements contained in Section 6 7 and the contribution agreements contained in Section 78, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or any controlling person thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Units to and by the Initial Purchasers. The representations contained in Section Sections 5 and 6 and the agreements contained in Sections 4(f), 67, 7 8 and 11(d12(d) shall survive the termination of this Agreement, including any termination pursuant to Section 1112.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or any controlling person thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Series F A Preferred Stock (and the related Depositary Shares) to and by the Initial Purchasers. The representations contained in Section 5 6 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Allied Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company and the Allied Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Securities to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations ------------------------------------------ and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Underwriters and the Company contained in this Agreement, including representations of the Company in Section 1, the agreements contained in Sections 4(f) and 11(d)Section 5, the indemnity agreements contained in Section 6 and 7, the contribution agreements contained in Section 78 and the agreements contained in Section 13, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers any Underwriter or any controlling person thereof or by or on behalf of the Company Company, any of its officers and directors or any controlling person thereof, thereof and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Shares to and by the Initial PurchasersUnderwriters. The representations contained in Section 5 1 and the agreements contained in Sections 4(f)5, 67, 7 and 8, 11(d) and 13 hereof shall survive the termination of this Agreement, including any termination pursuant to Section 11Sections 9 or 11 hereof.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers you and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d)Section 4, the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers you or any controlling person thereof or by or on behalf of the Company Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and any payment for the Series F Preferred Stock (and the related Depositary Shares) Securities to and by the Initial Purchasersyou. The representations contained in Section 5 1 and the agreements contained in Sections 4(f)4, 6, 7 and 11(d10(c) hereof shall survive the termination of this Agreement, Agreement including any termination pursuant to Section 1110 hereof.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company and the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Restricted Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ ------------------------------------------- warranties, covenants covenants, agreements and agreements other statements of the Initial Purchasers Company or its officers and the Company contained Initial Purchaser set forth in or made pursuant to this Agreement, including the agreements contained in Sections 4(f) and 11(d)Section 5, the indemnity agreements contained in Section 6 7 and the contribution agreements contained in Section 78, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers Purchaser or any controlling person thereof or by or on behalf of the Company Company, any of its officers and trustees or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Notes to and by the Initial PurchasersPurchaser. The representations contained in Section 5 1 and the agreements contained in Sections 4(f)5, 67, 7 8 and 11(d10(b) hereof shall survive the termination of this Agreement, including any termination pursuant to Section 1110 hereof.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company or the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and CAIC, the Company and the Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the an Initial Purchasers or Purchaser, any controlling person thereof thereof, or by or on behalf of the Company Company, or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Initial Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations ------------------------------------------ and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or any controlling person thereof or by or on behalf of the Company or any controlling person thereof, and shall survive delivery of and payment for the Series F E Preferred Stock (and the related Depositary Shares) to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company Obligors contained in this Agreement, including including, without limitation, the agreements contained in Sections 4(f) 4 and 11(d)5, the indemnity agreements contained in Section 6 7 and the contribution agreements contained in Section 78, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or any controlling person thereof or by or on behalf of the Company Obligors, any of their officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Notes to and by the Initial Purchasers. The representations contained in Section 5 1 and the agreements contained in Sections 4(f), 65, 7 and 11(d) 8 and this Section 10 shall survive the termination of this Agreement, including any termination Agreement pursuant to Section 116, 9 or 11 hereof.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers and the Company contained in this Agreement, including including, without limitation, the agreements contained in Sections 4(f) 4 and 11(d)5, the indemnity agreements contained in Section 6 7 and the contribution agreements contained in Section 78, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or any controlling person thereof or by or on behalf of the Company Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Notes to and by the Initial Purchasers. The representations contained in Section 5 1 and the agreements contained in Sections 4(f), 65, 7 and 11(d) 8 and this Section 10 shall survive the termination of this Agreement, including any termination pursuant to Section 11▇▇▇▇▇▇▇ ▇▇.

Survival of Representations and Agreements. All ------------------------------------------ representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f4(g) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company Company, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) A Notes to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f4(g), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchaser, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) 4.6 and 11(d)11.4, the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or Purchaser, any controlling person thereof thereof, or by or on behalf of the Company and the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Units to and by the Initial PurchasersPurchaser. The representations contained in Section 5 and the agreements contained in Sections 4(f)4.6, 6, 7 and 11(d) 11.4 shall survive the termination of this Agreement, including any termination pursuant to Section 11.

Survival of Representations and Agreements. All representations and ------------------------------------------ warranties, covenants and agreements of the Initial Purchasers Purchasers, the Company and the Company Guarantors contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of either of the Initial Purchasers or Purchasers, any controlling person thereof thereof, or by or on behalf of the Company and the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Series F Preferred Stock (and the related Depositary Shares) Initial Securities to and by the Initial Purchasers. The representations contained in Section 5 and the agreements contained in Sections 4(f), 6, 7 and 11(d) shall survive the termination of this Agreement, including any termination pursuant to Section 11.