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. • Nothing in this Agreement will be construed to create any privity of contract or other relationship between Buyer and anyone supplying labor or materials to the Real Property. Nothing in this Agreement, nor the acts of the parties, will be construed to create a partnership or joint venture between Seller and Buyer. (h) Further Assurances. Each party shall execute, acknowledge, and deliver, after the Effective Date, including at or after the Closing, such further assurances, instruments and documents as the other may reasonably request in order to fulfill the intent of this Agreement and the transactions contemplated hereby. (i) Counterparts. This Agreement may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (j) Survival. Unless otherwise expressly stated in this Agreement, the warranties, representations and covenants of Seller and Buyer shall survive the Closing and delivery of the Grant Deed for a period of eighteen (18) months, and any Claim with respect thereto must be asserted in writing prior to the expiration of said eighteen (18) month period. (k) Waiver of Covenants, Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other consistent remedies unless they are expressly excluded. Without limiting the preceding provisions of this paragraph, if any provision of this Agreement limits the dollar amount of liability of Buyer or Seller for breach of its obligation under this Agreement to consummate the purchase or sale, as the case may be, of the Property, then if the Closing occurs such limitation shall not be construed to limit the recourse of Buyer or Seller, as the case may be, for any Claim asserted by Buyer or Seller after the Closing. (1) Construction. The paragraph and section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The paragraph headings, captions, and arrangement of this instrument do not in any way affect, limit, amplify, or modify the terms and provisions of this Agreement. Where applicable the singular form will include plural, and vice versa. Each term, condition or provision hereof has been freely negotiated and shall be equally binding upon Seller and Buyer and no such term, condition or provision shall be construed against either party hereto solely because such term, condition or provision was initially drafted or prepared by such party. Unless otherwise indicated, all references to paragraphs or sections are to this Agreement. All exhibits, schedules, addenda and attachments referred to in this Agreement are attached to it and incorporated in it by this reference. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. Purchase and Sale Agreement 1548 Maple 03.04. 2011 v.4 23