re: Twitter board unanimously recommends Musk's takeover bid...Has Elon Bit off too much?

You don’t have to specifically waive due dil in the contract, but leaving out any due dil/defect/price adjustment section is waiving it. Additionally the proxy statement issued by Twitter which he signed off on, specifically stated a material reason for accepting the bid was the due dil waiver.

Agree on most of the rest of your analysis…pretty skinny agreement for this size transaction - essentially a sign and close.