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<br />8 ~ <br />that there are no governmental restrictions, easements, zoning or <br />other governmental regulations which would prevent the reasonable <br />use of the_Property for government facilities and office <br />buildings; parks, public and non-profit; botanical gardens and <br />arboretums; water and sanitary sewer pumping stations; or <br />research lands and installations owned by non-profit entities. <br />Duke University, upon request of Orange County, will assist in <br />the removal of any such impediments to use discovered hereafter. <br />8. In the event that Orange County exercises the option <br />herein set forth, upon closing, Duke University shall pay for the <br />preparation of a deed, for the preparation and recording of all <br />documents necessary to convey marketable fee simple title free of <br />liens and encumbrances and for the excise tax required by law. <br />Orange County shall pay for recording the deed, survey of the <br />Property if it deems a survey necessary and for all other closing <br />costs. Duke University agrees to furnish at closing an affidavit <br />and indemnification agreement in form satisfactory to Orange <br />County showing that all labor and materials, if any, furnished to <br />the Property within a 120 day period prior to the date of closing <br />have been paid for and agreeing to indemnify Orange County <br />against any and all loss resulting from any cause or claim <br />arising therefrom. <br />9. The special warranty deed. of the Property to be <br />executed by Duke University is to be made to Orange County, North <br />Carolina. Possession of the Property shall be delivered at <br />closing. <br />5 <br />