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' 9 <br /> installment. <br /> (dd) This provision shall survive closing. <br /> (b) Assessments: Seller shall pay and discharge any betterment assessment which is levied <br /> against all or part of the Subject Premises and which either (i) is a lien against all or part of the <br /> Subject Premises as of the Closing Date or (ii) although not yet alien against all or part of the <br /> Subject Premises as of the Closing Date, is attributable to public improvements for which work has <br /> been authorized prior to the Closing Date. If any such betterment assessment is payable in install- <br /> ments and Seller has elected the installment method of payment, all installments shall be deemed <br /> payable as of the day before the Closing Date and shall be discharged of record by Seller. <br /> 9. MISCELLANEOUS <br /> (a) Lien of Purchaser's Expenses: Any sums paid pursuant to this Contract and the <br /> reasonable cost of title search and survey are hereby made liens against the Subject Premises. <br /> (b) Destruction: The risk of loss by reason of fire, casualty or condemnation prior to the <br /> closing shall be borne by Seller. <br /> (c) Description of Subject Premises: At Purchaser's option, the deed to be delivered to <br /> Purchaser in accordance with this Contract shall describe the land by metes and bounds in <br /> accordance with the boundary survey map referred to in subsection 4(b). <br /> 10. INTERPRETATION AND NOTICE <br /> (a) Captions and Headings: Captions and headings used in this Contract are for reference <br /> only and shall not be deemed to define, limit, explain or amplify any provision of this Contract. <br /> (b) Use of Pronouns: The words, "it" or "its% in reference to a party, shall be construed to <br /> be a proper reference even if the party is an individual or two or more individuals. <br /> (c) Communication: <br /> (i) No notice, request, consent, approval,waiver or other communication under this <br /> Contract shall be effective unless it is in writing and is properly mailed; and any such <br /> communicati on shall be effective if it is in writing and is properly mailed. <br /> (ii) A notice, request, consent, approval,waiver;or other communication shall be <br /> properly mailed only if it is mailed by registered or certified mail, postage prepaid and if it is <br /> properly addressed. <br /> (iii) (1) A notice, request, consent, approval,waiver, or other communication intended <br /> for Seller shall be properly addressed only if it is addressed to the address designated as Seller's <br /> Notice Address in the Contract Schedule or any other address Seller designates by giving notice to <br /> Purchaser and if a copy is properly mailed to the address designated as Seller's Notice Copy <br /> Address in the Contract Schedule or to any other person or party Seller designates by giving notice <br /> to Purchaser. <br /> (2) A notice, request, consent, approval,waiver, or other communication intended <br /> for Purchaser shall be properly addressed only if it is addressed to the address designated as <br /> Purchaser's Notice Address in the Contract Schedule or any other address Purchaser designates by <br /> giving notice to Seller and if a copy is properly mailed to the address designated as Purchaser's <br /> Notice Copy Address in the Contract Schedule or to any other person or party Purchaser <br /> designates by giving notice to Seller. <br /> (d) No Oral Change: This Contract may not be amended, supplemented or cancelled <br /> orally. <br /> (e) Heirs. eta. Bound: This Contract shall be binding upon the heirs, executors, <br /> administrators, personal representatives, assigns and successors of the parties. <br /> (f) Use of the Word"Includind': The word"Including" means "including but not limited <br /> 8 <br />