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~ ~ <br />APPROVED 12/05/05 <br />(b) This Agreement shall not be construed as giving any Person, other than <br />the parties hereto and their successors and permitted assigns, any legal or equitable right, remedy <br />or claim under or in respect of this Agreement or any of the provisions herein contained, this <br />Agreement and all provisions and conditions hereof being intended to be, and being, for the sole <br />and exclusive benefit of the parties hereto and their successors and permitted assigns and for the <br />benefit of no other Person. <br />(c) This Agreement shall, at all times, be and remain subordinate to any deed <br />of trust or other security interest which uses the Facility and the land upon which the Facility is <br />located as security for funds borrowed by the County for the purchase or any addition to or <br />expansion of the Facility, including that related to the Central Orange Senior Center, and the land <br />upon which the Facility is located; or borrowed for any other public purpose of the County, now <br />or in the future. RFP agrees to execute any acknowledgement of this subordination reasonably <br />requested by a County lender. <br />13.8 Notices. <br />Any notice, consent or other communication given pursuant to this Agreement <br />must be in writing and will be effective either (a) when delivered personally to the. party for <br />whom intended, provided a delivery receipt is secured by the deliverer, (b) on the second <br />business day following mailing by an overnight courier service that is generally recognized as <br />reliable, (c) on the fifth day following mailing by certified or registered mail, return receipt <br />requested, postage prepaid, or (d) on the date transmitted by telecopy as shown on the telecopy <br />confirmation therefor as long as such telecopy transmission is followed by mailing of such notice <br />by certified or registered mail, return receipt requested, postage prepaid, in any case addressed to <br />such party as set forth below or as a party may designate by written notice given to the other <br />party in accordance herewith. <br />To the County: <br />John M. Link, Jr. <br />County Manager <br />P.O. Box 8181 <br />Hillsborough, NC 272728 <br />With a copy (which shall not constitute notice) to the then-County Attorney. <br />To RFP: <br />Recreation Factory Partners (a division of N Sports Factory, LLC) <br />1439-200 S. Main Street <br />Wake Forest NC 27587 <br />Attention: LLC Manager <br />Telecopy: <br />31 <br />