definiens: means : ( a ) the twelve ( 12 ) month anniversary of the Cl osing Date for claims for indemnification based on a breach of a representati on or warranty ; provided, however, for claims for indemnification based on a breach of Seller Fundame ntal Representations or Purchaser Fundamental Representations, shall mean the date that the applicable statute o f limitations ( including any extensions thereof ) expires with res pect to such claim ; ( b ) for claims for indemnification based on a b reach of a covenant which by its terms contemplates performance after the Closing Da te but expires on a date certain, such date certain ; ( c ) for claims for indemnification based on a b reach of a covenant which by its terms contemplates performance after the Closing Da te but does not expire on a date certain, the date that the applicable statute of limitations ( including an y extensions thereof ) expires with respect to such claim ; and ( d ) for claims to indemnify an Indemnified Part y pursuant to Sections 8.3.1(c ), 8.3.1(d ), 8.3.1(e ), 8.3.1(f ), 8.3.2(c ), 8.3.2(d ), o r 8.3.2(e ), the date that the applicable statute of limitations ( including any extensions thereof ) expires with res pect to such claim