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Homeport: executed EDA purchase and sale contract

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regulations, describing in Developer’s case the Project being developed. This provision shall survive Closing. Section 4.3, Condemnation. If before the Closing all or any portion of the Property is taken under the power of eminent domain or is transferred in lieu of such taking, and such taking or transfer materially interferes with Developer’s contemplated development of the Property, Developer may, at its option, (i) terminate this Contract by notice to EDA within thirty (30) days after Developer is notified of such taking or transfer, in which case return of the Deposit shall be the sole and exclusive remedy, and the parties will have no further rights and obligations hereunder, except for those rights and obligations that expressly survive the termination of this Contract, or (ii) proceed to Closing, with a proportionate reduction in the Purchase Price. Section 4.4. Time is of the Essence. Time is of the essence as to the performance of the terms and conditions of this Contract. To the extent any provisions of this Contract specifically state that time is of the essence, such specific provisions are not intended to mean that time is not of the essence as to the remaining provisions of this Contract. Section 4.5. EDA’s Representations. a) For the purpose of this Contract and each of the documents executed in connection herewith, “to the best of EDA’s knowledge” shall specifically mean the current and actual knowledge of EDA, without investigation or inquiry. EDA represents and warrants to Purchaser as of the Effective Date as follows: (1) — The execution and delivery of this Contract and the Development Agreement, and EDA’s performance under this Contract and the Development Agreement, are within EDA’s powers and have been duly 19 4924-8886-8988, v. 12
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