Agenda - 09-30-1998 - Additional Information

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is (e) Whenever in this Agreement the giving of notice is required, the giving of such notice may be waived in writing by the Party entitled to receive such notice, and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 9.04. Further Instruments. upon any Party's request, the Parties shall execute, acknowledge and deliver such further instruments as may be reasonably desired by any Pam to carry out more effectively the purposes and intents of this Agreement. 9.05. Limitation of Rights. Nothing expressed or implied in this Agreement shall give any person other than the Parties any rights to enforce any provision of this Agreement. There are no intended third -parry beneficiaries of this Agreement. 9.06. Non - Business Days. When any action is provided in this Agreement to be done on a designated day or within a designated time period, and the designated day or the last day of the designated period is not a Business Day, the action may be done on the next Business Day, with the same effect as if done on the designated day. 9.07. Survival of Covenants All covenants, representations and warranties made by the Parties in this Agreement shall survive the delivery of this Agreement. 9.08. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement; provided, however, that upon the election of any Parry, this Agreement shall immediately become void and of no further effect upon such election (except that the provisions of Section 2.05 and Section 7.02(c) shall continue in effect, unless either such Section is among the Sections held unenforceable) if any provisions of Section 2.02, Section 2.04, Section 2.05, Section 5.10 or Article VII are among those held unenforceable. 9.09. Governing Law. The parties intend that this Agreement and all rights and obligations provided for in this Agreement, including matters of construction, validity and performance, shall be governed by North Carolina law. 9.10. Entire Contract. This Agreement, including the Exhibits, constitutes the entire agreement between the Parties with respect to its subject matter. 9.11. Counterparts. This Agreement may be signed in several counterparts, including separate counterparts. Each shall be an original, but all of them together constitute the same instrument. 9.12. Recordable Form. As this Agreement limits the Parties' rights to dispose of their respective ownership interests in the Greene Tract, any Parry may cause this Agreement to be filed in the real property records in the office of the Register of Deed Deeds of Orange County.