Seller shall not release or modify or consent to the release or modification of any of the Warranties and Guarantees without the prior written consent of Purchaser, which consent may be granted or withheld in Purchaser’s sole and absolute discretion. Seller agrees to use commercially reasonable efforts to enforce, prior to Closing (i) all applicable rights and remedies available to Seller under any Development Contracts and (ii) all Warranties and Guarantees, in each case with respect to any deficiency in the Development. Purchaser acknowledges that, as a result of the release set forth in Section 1.2 above, from and after Closing, except for (a) a breach of any Seller Representations or Seller Surviving Obligations discovered after Closing for which written notification of a claim has been sent by Purchaser to Seller prior to the expiration of the Survival Period pursuant to Section 11.16 below, Purchaser shall not have any Claim against Seller with respect to any deficiency in the Development, and that Purchaser shall be entitled to pursue its rights under such Development Contract or such Warranties and Guarantees assigned to Purchaser at Closing pursuant to this Agreement. The covenants of Seller set forth in this Section 4.11 shall survive Closing.