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12 <br />by an instrument signed by the party against whom the enforcement <br />of such waiver, modification, amendment or discharge ar <br />termination is sought, and then only to the extent set forth in <br />such instrument. <br />(b) This Agreement shall be governed by and construed in <br />accordance with the laws of the State of North Carolina, without, <br />however, giving effect to any principle of conflicts of law. <br />(c) The captions in this Agreement are inserted for <br />convenience of reference only and in no way define, describe ar <br />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 <br />effect is required to be observed, kept or performed after the <br />Closing Date, shall survive the closing and remain binding upon <br />and far the benefit of the parties hereto, their heirs, personal <br />representatives, successors ar assigns, until fully observed, <br />kept or performed. <br />(e) This Agreement shall be binding and shall inure <br />to the benefit of the parties hereto and their respective <br />beneficiaries, heirs, personal representatives, successors and <br />permitted assigns. <br />(f) As used in this Agreement, the masculine shall include <br />the feminine and neuter, and vice versa; the singular shall <br />include the plural and the plural shall include the singular, as <br />the context may require. <br />(g) Any provision contained in this agreement which by its <br />nature and effect, if required to be observed, kept or performed <br />9 <br />