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13 <br />located on the Property such as tools, equipment, supplies, and other furnishings located in or <br />around the structures or otherwise on the Property. <br />(f) 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, NLISCELLANEOUS 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 />successors or assigns, until fully observed, kept or performed, <br />