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5 <br /> or other means of electronic transmission shall be deemed to have the same legal effect as <br /> delivery of an original signed copy. <br /> E. Mutual Waiver of Consequential Damages. In no event shall any party be liable to the <br /> other for consequential, punitive or special type of damages or lost profits on account of <br /> this Agreement. This mutual waiver includes, but is not limited to, all damages incurred <br /> by the Main Street for rental expenses, for losses of use, income, profit, opportunities, <br /> revenue, funds, financing, business and reputation, for extended interest expenses, <br /> insurance premiums, supervisory costs and common area charges, for increased overhead <br /> costs, for carrying costs, maintenance costs, taxes, insurance deductibles and write- <br /> downs, and for loss of management or employee productivity or of the services of such <br /> persons. This mutual waiver is applicable, without limitation, to all consequential, <br /> incidental, indirect or special damages due to either party's termination of this letter of <br /> agreement. Further, in no event shall any party's liability to the other arising out of this <br /> Agreement exceed $50,000. <br /> F. Amendment. This Letter shall not be amended except by a written instrument executed <br /> by both County and Main Street. <br /> G. No Third Parry Beneficiaries. Nothing contained in this Agreement shall be deemed to <br /> create a contractual relationship with, or a cause of action in favor of, any third party <br /> against Main Street or County. <br /> IN WITNESS WHEREOF, Main Street and County have caused this instrument to be <br /> executed under seal as of the day and year first set forth above. <br /> i <br /> Main Street:: Orange County: <br /> Main Street Properties of Chapel Hill,LLC Orange County,North Carolina <br /> By: - (SEAL) By: <br /> Name: S 64 ) Name: <br /> Title: All&k'_ Title: <br /> I <br /> I <br />