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9 <br /> that there are no governmental restrictions, easements, zoning or <br /> other governmental regulations which would prevent the reasonable <br /> use' of the Property for government facilities and office <br /> buildings; parks, public and non-profit; botanical gardens and <br /> arboretums; water and sanitary sewer pumping stations; or <br /> research lands and installations owned by non-profit entities. <br /> Duke University, upon request of Orange County, will assist in <br /> the removal of any such impediments to use discovered hereafter. <br /> 8. In the event that Orange County exercises the option <br /> herein set forth, upon closing, Duke University shall pay for the <br /> preparation of a deed, for the preparation and recording of all <br /> documents necessary to convey marketable fee simple title free of <br /> liens and encumbrances and for the excise tax required by law. <br /> Orange County shall pay for recording the deed, survey of the <br /> - Property if it deems a survey necessary and for all other closing <br /> costs. Duke University agrees to furnish at closing an affidavit <br /> and indemnification agreement in form satisfactory to Orange <br /> County showing that all labor and materials, if any, furnished to <br /> the Property within a 120 day period prior to the date of closing <br /> have been paid for and agreeing to indemnify Orange County <br /> against any and all loss resulting from any cause or claim <br /> arising therefrom. <br /> 9 . The special warranty deed of the Property to be <br /> executed by Duke University is to be made to Orange County, North <br /> Carolina. Possession of the Property shall be delivered at <br /> closing. <br /> 5 <br />