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7$ <br />are merged into this Agreement. Neither this Agreement nor any <br />provision hereof may be waived, modified, amended, discharged or <br />terminated except by an instrument signed`by the party against <br />whom the enforcement of such waiver, modification, amendment or <br />discharge or termination is sought, and then only to the extEnt <br />set forth in such instrument. <br />(b) This Agreement shall be governed by and construed in <br />accordance with the laws of the State of North Carolina, <br />without, however, giving effect to any principle of conflicts of- <br />law. <br />(c) The captions in this Agreement are inserted for <br />convenience of reference only and in no way define, describe or <br />limit the scope or intent of this Agreement or any of the <br />provisions hereof. --- <br />(d) Any provision contained in this Agreement which by its <br />nature and effect is required to be observed, kept or performed <br />after the Closing Date, shall survive the closing and remain <br />binding upon and far the benefit of the parties hereto, their <br />heirs, personal representatives, successors or assigns, until <br />fully observed, 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 />10 <br />