Non-Consummation. If the Merger is not consummated, each party hereto will pay its own fees and expenses incurred in connection herewith, and no party will be liable to any other party for any costs or expenses incurred in connection herewith.
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Non-Consummation. If the First Step Merger is not consummated, each party hereto will shall pay its own fees and expenses incurred in connection herewith, and no neither party will shall be liable to any the other party for any costs or expenses incurred in connection herewith.
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Sources: Merger Agreement (Solarcity Corp)