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<br /> <br />The foregoing contingency is for Seller’s sole benefit. Whether or not it has been satisfied <br />shall be determined by Seller in the exercise of its sole and absolute discretion. If the contingency <br />is not satisfied, or satisfaction thereof is not waived by Seller giving written notice to Purchaser of <br />said waiver on or before the Closing Date, Seller, at its option, may terminate this Agreement by <br />giving written notice to Purchaser on or before the Closing Date. If Seller so terminates this <br />Agreement, the Earnest Money shall be promptly refunded to Purchaser and neither party shall have <br />any further rights, obligations, or liability hereunder, except that Purchaser’s indemnity obligations <br />under Paragraph 7 hereof shall survive any such termination. <br /> <br />28. No Strict Construction. The parties and their respective counsel have participated <br />jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of <br />intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties <br />hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by <br />virtue of the authorship of any provision of this Agreement. <br /> <br /> <br />\[Signature Pages Follow\] <br />872867.v1-4/28/23 <br />13 <br />