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Section 7.3. Negotiated Document.
The Parties acknowledge that the provisions and language of this Contract have been
negotiated, and agree that no provision of this Contract shall be construed against any Party by
reason of such Party having drafted such provision of this Contract.
Section 7.4. Governing Law, Jurisdiction and Venue.
This Contract shall be governed and construed by the laws of the Commonwealth of
Virginia. Jurisdiction and venue for any cause or action hereunder shall be in the state courts for
the City of Newport News, Virginia and the Parties submit to the jurisdiction of said courts.
Section 7.5. Successors and Assigns.
The agreements, terms, covenants and conditions of this Contract shall be binding upon
and inure to the benefit of EDA, Developer, and except as otherwise provided in this Contract,
their respective successors and permitted assigns. Lenders to or mortgagees relative to the Project
are, with respect to provisions hereof expressly benefitting any such lender, intended beneficiaries
hereof entitled to enforce such provisions.
Section 7.6. Further Assurances.
Each Party hereto shall do all acts and things and make, execute and deliver such written
instruments as shall from time to time be reasonably required to carry out the terms and provisions
of this Contract.
Section 7.7. No Amendment.
Neither this Contract nor any provisions hereof may be changed, modified, amended,
supplemented, altered, waived, discharged or terminated except by an instrument in writing signed
by both Parties and if required by any mortgage document, with the written consent of the
applicable lender.
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