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representations and statements, oral or written, are merged into <br />this Agreement. Neither this Agreement nor any provision hereof <br />may be waived, modified, amended, discharged or terminated except <br />by an instrument signed by the party against whom the enforcement <br />of such waiver, modification, amendment or discharge or <br />termination is sought, and then only to the extent set forth in <br />such instrument. <br />(b) This Agreement shall be governed by and construed in <br />accordance with the laws of the State of North Carolina, without, <br />however, giving effect to any principle of conflicts of 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 contained in this Agreement which by its <br />nature and effect is required to be observed, kept or performed <br />after the Closing Date, shall survive the closing and remain <br />binding upon and for the benefit of the parties hereto, their <br />heirs, personal representatives, successors or assigns, until <br />fully observed, kept or performed. <br />(e) This Agreement shall be binding and shall inure <br />to the benefit of the parties hereto and their respective <br />beneficiaries, heirs, personal representatives, successors and <br />permitted assigns. <br />(f) As used in this Agreement, the masculine shall include <br />the feminine and neuter, and vice versa; the singular shall <br />9 <br />