All representations, warranties, covenants and agreements made herein and which by their express terms or by implication are to be performed after the execution and or termination hereof, or are prospective in nature, shall survive such execution or termination, as the case may be, including Sections 2.6.3 , 2.6.5 , 2.6.6 , 3.7 , 3.9 , 3.17 , 3.18 , 3.20 , 3.21 , 6.1 , 7.4 , ARTICLE VIII , Section 9.3 , Section 9.4 (solely to the extent a Triggering Event had occurred prior to the expiration or termination of this Agreement or if this Agreement is terminated pursuant to Section 9.2.5 ), ARTICLE X , Sections 11.1 , 11.2 , 11.4 , 11.5 , 12.1 , 12.2 , 12.3 , 12.4 , 12.5 , 12.7 , 12.8 and 12.9 .