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Homeport: executed EDA purchase and sale contract

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Section 7.8. Survival of Closing. Except as and to the extent expressly provided otherwise in this Contract, terms, conditions, and provisions of this Contract, and any representations and/or warranties contained in this Contract, shall not survive the Closing and shall instead merge into the Deed. Section 7.9. Effectiveness. This Contract shall not be binding or effective until executed and delivered by the Parties hereto. Section 7.10. Waiver. The failure of any Party to insist upon strict performance of any of the terms or provisions of this Contract or to exercise any option, right or remedy contained in this Contract, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, of this Contract nor be deemed to have been made unless expressed in writing and signed by such Party. Section 7.11. Exhibits. Each Exhibit referred to in this Contract is incorporated by reference and attached to this Contract. Section 7.12. Consent and Approvals. (a) All consents and approvals which may be given under this Contract shall be in writing, as a condition of their effectiveness. The granting of any consent or approval by a Party to perform any act requiring consent or approval under the terms of this Contract or the failure on the part of a Party to object to any such action taken without the required consent or approval shall not be deemed a waiver by the Party whose consent was required or its right to require such consent or approval for any further similar act. (b) If it is provided that a particular consent or approval is not to be unreasonably withheld, such consent or approval also shall not be unreasonably conditioned or delayed and any 28 4924-8886-8988, v. 12
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