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26 <br /> case,is expected to render the Facility materially unusable, either party may terminate this <br /> Agreement upon written notice to the other. <br /> 11.7 Binding Upon Successors and Assigns:No Third-Party Beneficiaries: Subordination. <br /> (a) This Agreement and the rights and obligations set forth herein shall inure to the <br /> benefit of, and be binding upon, the parties hereto and each of their respective successors and <br /> permitted assigns. <br /> (b) This Agreement shall not be construed as giving any Person, other than the parties <br /> hereto and their successors and permitted assigns, any legal or equitable right, remedy or claim <br /> under or in respect of this Agreement or any of the provisions herein contained, this Agreement <br /> and all provisions and conditions hereof being intended to be, and being, for the sole and <br /> exclusive benefit of the parties hereto and their successors and permitted assigns and for the <br /> benefit of no other Person. <br /> (c) This Agreement shall, at all times, be and remain subordinate to any deed of trust <br /> or other security interest which uses the Facility and the land upon which the Facility is located <br /> as security for funds borrowed by the County for the purchase or any addition to or expansion of <br /> the Facility, and the land upon which the Facility is located; or borrowed for any other public <br /> purpose of the County, now or in the future. PFPC agrees to execute any acknowledgement of <br /> this subordination reasonably requested by a County lender. <br /> 11.8 Notices. <br /> Any notice, consent or other communication given pursuant to this Agreement must be in <br /> writing and will be effective either(a)when delivered personally to the party for whom intended, <br /> provided a delivery receipt is secured by the deliverer, (b) on the second business day following <br /> mailing by an overnight courier service that is generally recognized as reliable, (c) on the fifth <br /> day following mailing by certified or registered mail, return receipt requested, postage prepaid, <br /> or(d)on the date transmitted by telecopy as shown on the telecopy confirmation therefor as long <br /> as such telecopy transmission is followed by mailing of such notice by certified or registered <br /> mail, return receipt requested, postage prepaid, in any case addressed to such party as set forth <br /> below or as a party may designate by written notice given to the other party in accordance <br /> herewith. <br /> To the County: <br /> County Manager's Office <br /> P.O. Box 8181 <br /> Hillsborough,NC 27278 <br /> With a copy(which shall not constitute notice)to the County Attorney. <br /> 16 <br />