The representations and warranties of the Seller made in connection herewith, including, without limitation, those in Article 5 and Section 8.1 hereof, shall be continuing representations and warranties, shall not merge with or into any deed of conveyance or other document or instrument delivered at or in connection with the Closing and shall survive the Closing for a period of one (1) year; provided, however, that such limitation shall not apply to (i) any fraud; or (ii) any claim or cause of action initiated prior to the end of such one (1) year period but not settled prior to the end of such period.