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13 <br /> that any and all legal fees and expenses incurred for work performed by Kalo at Buyer's <br /> request pursuant to this Section 5(e) will be paid exclusively by Buyer. In no event shall Seller <br /> be responsible for legal fees or expenses billed by Kalo for work requested by Buyer under this <br /> Section 5(e) even if this purchase transaction fails for any reason. Seller shall have no <br /> responsibility for payment of any title insurance premium for any title policy Buyer elects to <br /> procure for the Property. <br /> 6. MISCELLANEOUS PROVISIONS: <br /> (a) This Agreement embodies and constitutes the entire understanding between the <br /> parties with respect to the transaction contemplated herein and all prior agreements, <br /> understandings, representations and statements, oral or written, are merged into this <br /> Agreement. Neither this Agreement nor any provision hereof may be waived, modified, <br /> amended, discharged or terminated except by an instrument signed by the party against whom <br /> the enforcement of such waiver, modification, amendment or discharge or termination is <br /> sought, and then only to the 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 <br /> and in no way define, describe or limit the scope or intent of this Agreement or any of the <br /> provisions 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 <br /> 8 <br />