If to Seller: Telesis Construction Management, LLC
<br />1000 Corporate Drive, Suite 109
<br />Hillsborough, NC 27278
<br />Attention: George A. Horton, III
<br />with a copy to:
<br />V4'illiam D. Bernard
<br />Brown & Bunch, FLLC
<br />101 N. Columbia Street
<br />Chapel Hill, NC 27514
<br />If to Purchaser: Orange County, North Carolina
<br />P.O. Box 8181
<br />Hillsborough, NC 27278
<br />Attention: Pam Janes, Director of Purchasing and Central Services
<br />with a cop,
<br />Geoffrey E. Gledhill
<br />Coleman, Gledhill, Har~xave & Peek, P.C.
<br />129 E. Tryon Street
<br />P. O. Drawer 1529
<br />Hillsborough, NC 27278
<br />Any such notice or statement delivered by personal delivery shall be deemed delivered anti received
<br />as of the date of personal delivery. Any notice or statement delivered by next day courier service ar United
<br />States certified mail as pro~~ided above shall be deemed delivered when delivered to the next day courier
<br />sen%ice or deposited in the United States mail, and the delivery confirmation or return receipt therefrom, as
<br />applicable, shall be deemed prima facie etiidence that such notice or statement was received on the date stated
<br />on such delivery confirmation ar return receipt.
<br />SECTION 13. Remedies. In the event this transaction fails to close by reason of Purchaser's
<br />failure to pei~oim its obligations under this Agreement, Seller shall have the light to pursue any and all lights
<br />and remedies available to it at law or in equity for Seller's breach, including, without limitation, the right, to
<br />the extent permitted by law, to sue far specific performance. In the event Seller fails or refuses to com%ey the
<br />Property to Purchaser in accordance with the terms of this Agreement or otherwise perform its obligations
<br />hereunder, then Purchaser shall have the light to pursue any and all rights and remedies available to it at law
<br />or in equity for Seller's breach, including, without limitation, the right to sue for specific performance.
<br />SECTION 14. ~~Vaiver. No term, condition or covenant contained in this Agreement shall be
<br />deemed waived by any act, omission or forbearance, or any series of same, by either Purchaser or Seller. The
<br />only waivers that shall be effective under this Agreement shall be those which are in writing and signed by
<br />the party to be charged. No prior notice of non-waiver need be given by a party who has previously forborne
<br />from exercising a right hereunder.
<br />SECTION 15. Coordination with Other Agreements. ~"^m^'^+,. ,. ~,a ~~,.~„r;,.,, ,..~,,,,,,,,,,,,,+
<br />Seller and Purchaser agree and understand that ,
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