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without limitation, any materials containing asbestos), in or under the Property or use in <br /> connection therewith. <br /> (3) Seller shall indemnify and hold Buyer harmless from and against any and <br /> all damages, penalties, fines, claims, liens, suits, liabilities, costs (including clean-up costs), <br /> judgments and expenses (including attorneys', consultants' or experts' fees and expenses) of <br /> every kind and nature suffered by or asserted against Buyer as a direct or indirect result of any <br /> warranty or representation made by Seller in subsection (f) herein being false or untrue in any <br /> material respect. <br /> (4) Seller's obligations under this Section shall survive the closing and <br /> continue in full effect notwithstanding receipt of the purchase price. <br /> (h) Representations/Warranties. All representations and warranties contained in this <br /> Agreement are true and correct as of the date of execution of this Agreement and will be true as <br /> of the Closing Date and shall survive closing and execution and delivery of the Deed and shall <br /> not be merged therein. <br /> 4. SETTLEMENT CHARGES: <br /> (a) Seller shall pay for the preparation of a deed, for the preparation and recording of <br /> all documents necessary to convey marketable fee simple title free of liens and encumbrances, <br /> and for the excise tax required by law. <br /> (b) Buyer shall pay for recording the deed. <br /> (c) Ad valorem taxes on the Property, if any, for the calendar year in which the <br /> closing occurs shall be paid by Seller. The credit for pro-rated ad valorem taxes on the Property <br /> that would be due Seller if Buyer were not a North Carolina local government shall be added to <br /> the purchase price as provided in Section 1 of this Agreement. Seller shall pay any Orange <br /> 5 <br />