Agenda - 01-15-2008-4y3 - Laserfiche WebLink

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If to Seller: Telesis Construction Management, LLC 1000 Corporate Drive, Suite 109 Hillsborough, NC 27278 Attention: George A. Horton, III with a copy to: V4'illiam D. Bernard Brown & Bunch, FLLC 101 N. Columbia Street Chapel Hill, NC 27514 If to Purchaser: Orange County, North Carolina P.O. Box 8181 Hillsborough, NC 27278 Attention: Pam Janes, Director of Purchasing and Central Services Geoffrey E. Gledhill Coleman, Gledhill, Har~xave & Peek, P.C. 129 E. Tryon Street P. O. Drawer 1529 Hillsborough, NC 27278 Any such notice or statement delivered by personal delivery shall be deemed delivered anti received as of the date of personal delivery. Any notice or statement delivered by next day courier service ar United States certified mail as pro~~ided above shall be deemed delivered when delivered to the next day courier sen%ice or deposited in the United States mail, and the delivery confirmation or return receipt therefrom, as applicable, shall be deemed prima facie etiidence that such notice or statement was received on the date stated on such delivery confirmation ar return receipt. SECTION 13. Remedies. In the event this transaction fails to close by reason of Purchaser's failure to pei~oim its obligations under this Agreement, Seller shall have the light to pursue any and all lights and remedies available to it at law or in equity for Seller's breach, including, without limitation, the right, to the extent permitted by law, to sue far specific performance. In the event Seller fails or refuses to com%ey the Property to Purchaser in accordance with the terms of this Agreement or otherwise perform its obligations hereunder, then Purchaser shall have the light to pursue any and all rights and remedies available to it at law or in equity for Seller's breach, including, without limitation, the right to sue for specific performance. SECTION 14. ~~Vaiver. No term, condition or covenant contained in this Agreement shall be deemed waived by any act, omission or forbearance, or any series of same, by either Purchaser or Seller. The only waivers that shall be effective under this Agreement shall be those which are in writing and signed by the party to be charged. No prior notice of non-waiver need be given by a party who has previously forborne from exercising a right hereunder. SECTION 15. Coordination with Other Agreements. ~,...~..',.+,. ~a ~....~....:.,,. ,.,~ ~+ Seller and Purchaser agree and understand that , b -10-