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(4) The Development Agreement executed by the Developer;
(5) Acopy of the draft Financial Offering Memo; and
(6) Any other document or instrument required hereunder or reasonably
requested by EDA in order to consummate the transactions contemplated
herein, which document or instrument will be in form and substance
reasonably acceptable to Developer and EDA.
Section 3.8. Prorations.
Proratable items relating to the Property will be prorated as of the date of Closing.
Section 3.9. Closing Costs.
EDA is exempt from grantor’s tax on the Deed. Developer will pay all other recording
taxes and fees in connection with the recordation of the Deed, the cost of its Title Commitment
and title policy, and the cost of obtaining any survey, and all other costs incurred in connection
with its due diligence investigations of the Property. Each Party will pay its respective attorney’s
fees.
ARTICLE IV.
ADDITIONAL COVENANTS; REPRESENTATIONS AND WARRANTIES
Section 4.1. Right of Entry and Review Period.
(a) From the date hereof until the Closing or earlier termination of this Contract,
Developer and its agents, representatives and contractors will have the right to enter the Property
in accordance with that certain Amended and Restated Right of Entry and Use Agreement made
as of December 4, 2025, by and between Developer and EDA (as amended from time to time, the
“Access Agreement’).
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