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Agenda 09-03-19 Item 8-j - Finalization of Property Exchange Between the County and Holloways
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Agenda 09-03-19 Item 8-j - Finalization of Property Exchange Between the County and Holloways
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9/3/2019 9:06:43 AM
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BOCC
Date
9/3/2019
Meeting Type
Special Meeting
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Agenda
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8 <br /> if to Holloway; /o!II u.S• �a '3`% <br /> lTfG4'i bG�6ceJ5'l�- ✓��— ��� <br /> Email: Au,��na �d8�� t�.co� <br /> Each such mailed notice or communication shall be deemed to have been given to, or served upon,the <br /> party to which addressed on the date the same is deposited in the United States registered or certified mail, <br /> return receipt requested, postage prepaid, or for delivery by facsimile or with an overnight delivery service, <br /> properly addressed in the marmer above provided. Each such delivered notice or communication shall be <br /> deemed to have been given to, or served upon the party to whom delivered, upon the delivery thereof in the <br /> manner above provided. Any party hereto may change its address for the service of notice hereunder by <br /> delivering written notice of said change to the other party hereunder, in the manner above specified ten (10) <br /> days prior to the effective date of such change. <br /> In order to expedite the transaction contemplated herein, telecopied or electronic signatures may be <br /> used in place of original signatures on this Agreement or on other notices given under this Agreement. The <br /> panties agree to be bound by signatures on the telecopied or electronic documents, If telecopied or electronic <br /> signatures are delivered,the parties will each forward original counterparts to the other promptly after delivery <br /> of the telecopied signatures. <br /> 12. Captions. Section headings or captions appearing in this Agreement are for convenience <br /> only, are not a part of this Agreement,and are not to be considered in interpreting this Agreement. <br /> 13, Entire Agreement, Modification. This Agreement constitutes the entire and complete <br /> agreement between the parties hereto and supersedes any prior oral or written agreements between the parties <br /> with respect to the purchase,sale, and other terms contemplated by this Agreement. It is expressly agreed that <br /> there are no verbal understandings or agreements which in any way change the terms, covenants and <br /> conditions herein set forth, and that no modification of this Agreement and no waiver of any of its terms or <br /> conditions shall be effective unless made in writing and duly executed by the parties hereto. All parties to this <br /> Agreement actively participated in negotiating the terms and conditions hereof and no provision shall be <br /> construed either in favor of or against any party by virtue of such party being the drafter of this Agreement. <br /> 14, Bindi�fe.ct. All covenants, agreements,warranties and provisions of this Agreement shall <br /> be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, <br /> administrators,personal representatives,successors and permitted assigns. Holloway acknowledges and agrees <br /> that Coble is a permitted assignee. <br /> 1s. Controlling Law. This Agreement has been made and entered into under the laws of the State <br /> of North Carolina and said laws shall govern the interpretation hereof <br /> 16. Construction of Terms. Where appropriate, any word denoting the singular shall be deemed <br /> to denote the plural, and vice versa. Where appropriate, any word denoting or referring to one gender shall be <br /> deemed to include the neuter or other gender as appropriate. <br /> 17. Remedies. In the event Holloway defaults under the terms hereof,County shall be entitled to <br /> any remedies at law or equity, including specific performance of this Agreement or termination of this <br /> Agreement. Prior to exercising any remedies, the party seeking to exercise its remedies shall give the other <br /> party written notice of default and 30 days in which to cure the default. <br /> i <br /> �� I <br />
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