This page was read by OCR. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
(b) Onor before August 10, 2026, EDA shall deliver to or make available to Developer
all reports, surveys, plans, studies and other Property information in the possession of EDA,
including, without limitation, the items described in Exhibit C attached hereto.
(c) Developer shall have until 11:59 p.m. on August 25, 2026 (hereinafter the “Review
Period”), to terminate this Contract should the Developer determine, in its sole and absolute
discretion, that the Property is not suitable in all respects for Developer’s intended use of the
Property, or if Developer is not satisfied, in its sole and absolute discretion, with the results of any
tests, surveys, reports, title search or Title Commitment regarding the Property or Developer’s
intended use thereof, by giving written notice to EDA of the termination of this Contract,
whereupon the Deposit shall be returned to Developer, Developer shall deliver to EDA copies of
all studies, tests, reports, surveys and other documents Developer has obtained in its investigation
of the Property and thereafter neither party to this Contract shall have any further rights against or
obligations or liabilities to any other party except as set forth in this Contract.
Developer will keep the Property free and clear of all mechanics’ liens for work performed
at the Property on behalf of Developer and will indemnify, defend and hold EDA harmless from
any Loss (as defined in the Access Agreement) in accordance with Section 4 of the Access
Agreement. Developer shall maintain and pay at its cost and expense a liability insurance policy
in accordance with Section 5 of the Access Agreement.
If Developer has not exercised its right to terminate this Contract prior to the expiration of
the Review Period, then Developer and EDA shall proceed towards Closing as provided in this
Contract.
Section 4.2. Signage.
Following the full execution of this Contract, Developer and one or more of its Affiliates,
may each erect a sign on the Property with EDA’s approval, subject to zoning and other
18
4924-8886-8988, v. 12
Jump to an indexed page (37 of 37)