Common use of Survival of Representations and Warranties of the Vendors Clause in Contracts

Survival of Representations and Warranties of the Vendors. The representations and warranties of the Vendors contained in this Agreement shall survive the Closing and the payment of the Purchase Price and, notwithstanding the Closing and the payment of the Purchase Price, the representations and warranties of the Vendors shall continue in full force and effect for the benefit of the Purchaser, subject to the following: (a) the representations and warranties of the Vendors contained in Sections 4.1 (n), (p), (r), (w), (x), (y), (z), (aa), (ab), (ac), (ad), (ae), (af) and (ag) shall survive for a period of eighteen (18) months following the Closing Date; (b) notwithstanding paragraph (a) above, any claim which is based on intentional misrepresentation or fraud by the Vendors may be made or brought by the Purchaser at any time. provided that if a written notice of claim is made before the expiry of the applicable period, then the representation and warranty to which such notice applies shall survive in respect of that claim until the final determination or settlement of that claim.

Appears in 2 contracts

Sources: Share Purchase Agreement (Xin Net Corp), Share Purchase Agreement (Xin Net Corp)

Survival of Representations and Warranties of the Vendors. The representations and warranties of the Vendors contained in this Agreement shall survive the Closing and the payment of the Purchase Price and, notwithstanding the Closing and the payment of the Purchase Price, the representations and warranties of the Vendors shall continue in full force and effect for the benefit of the PurchaserPurchasers, subject to the following: (a) the representations and warranties of the Vendors contained in Sections 4.1 (n), (p), (rs), (w), (x), (y), (z), (aa), (ab), (ac), (ad), (ae), (aft) and (agu) shall survive for a period of eighteen twelve (1812) months following the Closing Date; (b) notwithstanding paragraph (a) above, any claim which is based on intentional misrepresentation or fraud by the Vendors may be made or brought by the Purchaser Purchasers at any time. ; provided that if a written notice of claim is made before the expiry of the applicable period, then the representation and warranty to which such notice applies shall survive in respect of that claim until the final determination or settlement of that claim.

Appears in 1 contract

Sources: Share Purchase Agreement (CHINA MOBILITY SOLUTIONS, INC. (Formerly Xin Net Corp.))