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11 <br />Carrboro will be the grantee in the deed from Seller. Buyer will acquire from Carrboro a <br />Conservation Easement in the Property. Seller, by this agreement, consents to the assignment <br />of this Contract from Buyer to Carrboro.. <br />(e) A condition precedent to Buyer's obligat ion to close on the sale of the Property <br />is that Buyer's Board of Commissioners formally approve the purchase of the Property by <br />action in an open public meeting as provided by law, <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 />binding upon and for the benefit of the parties hereto, their heirs, personal representatives, <br />