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understanding between the parties with respect to the <br />transaction contemplated herein and all prior agreements, <br />understandings, representations and statements, oral or written, <br />are merged into this Agreement. Neither this Agreement nor any <br />provision hereof may be waived, modified, amended, discharged or <br />terminated except by an instrument signed by the party against <br />whom the enforcement of such waiver, modification, amendment or <br />discharge or termination is sought, and then only to the extent <br />set forth in such instrument. <br />(b) This Agreement shall be governed by and construed in <br />accordance with the laws of the State of North Carolina, <br />without, however, giving effect to any principle of conflicts of <br />law. <br />(c) The captions in this Agreement are inserted for <br />convenience of reference only and in no way define, describe or <br />limit the scope or intent of this Agreement or any of the <br />provisions hereof. <br />(d) Any provision herein contained which by its nature and <br />effect is required to be observed, kept or performed after the <br />Closing Date, shall survive the closing and remain binding upon <br />and for the benefit of the parties hereto, their heirs, personal <br />representatives, successors or assigns, until fully observed, <br />kept or performed. <br />9 <br />