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i~ <br />or to exercise any right or privilege herein conferred, shall not be construed as a waiver of any <br />such covenant or condition or a waiver of the right of such Party to require such performance or <br />to exercise such right or privilege for the same or other breach. No waiver of any of the <br />provisions of this Agreement shall be deemed, nor shall the same constitute, a waiver of any <br />other provision, whether or not similar, nor shall any such waiver constitute a continuing waiver. <br />No waiver shall be binding, unless executed, in writing, by the Party making the waiver. <br />IN WITNESS VVI~REOF, M/I, Priority and the County have each caused this <br />Agreement to be signed in its name by its duly authorized off cials: <br />M/I HOMES OF RALEIGH, LLC <br />By: <br />Name: <br />Title: <br />PRIORITY DEVELOPMENT, L.P. <br />By: <br />ORANGE COUNTY, NORTH CAROLINA <br />By: <br />Name: <br />Title: <br />Orange County Manager <br />ATTEST: <br />Donna S. Baker, Clerk to the <br />Board of Commissioners <br />Date Signed <br />Date Signed <br />Date Signed <br />9 <br />