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~~ <br />Neither this Agreement nor any provision hereof maybe waived, modified, amended, discharged <br />or terminated except by an instrument signed by the party against whom the enforcement of such <br />waiver, modification, amendment or discharge or termination is sought, and then only to the <br />extent set forth in such instrument. <br />(b) This Agreement shall be governed by and construed in accordance with the laws <br />of the State of North Carolina, without, however, giving effect to any principle of conflicts of <br />law. <br />(c) The captions in this Agreement are inserted for convenience of reference only and <br />in no way define, describe or limit the scope or intent of this Agreement or any of the provisions <br />hereof. <br />(d) Any provision herein contained which by its nature and effect is required to be <br />observed, kept or performed after the Closing Date, shall survive the closing and remain binding <br />upon and for the benefit of the parties hereto, their heirs, personal representatives, successors or <br />assigns, until fully observed, kept or performed. <br />13 <br />