Orange County NC Website
11 .4 Survival . Except as otherwise expressly provided in this Contract, all the provisions of <br /> this Contract shall survive Closing . Except for the provisions of Section 2 .3 , Article VIH, Article XI and <br /> the indemnification provisions of Section 3 . 1 , Section 8.2 and Section 10. 1 , none of the provisions of this <br /> Contract shall survive the termination of this Contract . <br /> I <br /> 11 . 5 Entire Allreement . This Contract contains the entire understanding and agreement <br /> between Buyer and Seller and all prior or contemporaneous oral or written agreements or instruments are <br /> merged herein . <br /> 11 . 6 Amendment . This Contract may not be amended except by an instrument in writing <br /> executed by Seller and Buyer . <br /> 11 .7 Applicable Law . This Contract is governed by the law of the State of North Carolina , <br /> 11 . 8 Business Days . If any time period or deadline in this Contract falls on a Saturday, Sunday <br /> or federal banking holiday, that time period or deadline shall be extended until the next succeeding business <br /> day . <br /> 11 .9 Interpretation . Except as otherwise specified in this Contract : (a) " includes" and <br /> " including" mean includes or including by way of illustration and not by way of limitation ; ( b ) references <br /> to Exhibits , Sections or subsections are to those attached to or included in this Contract; ( c) the section and <br /> other headings in this Contract are for convenience only and do not limit or expand any provisions of this <br /> Contract ; and (d) no interpretive presumption shall be drawn against either party by virtue of its role in <br /> drafting this Contract . <br /> 11 . 10 Severability . If any provision of this Contract is held to be invalid or unenforceable, then <br /> such provision will be fully severable from this Contract; and the remaining provisions of this Contract will <br /> remain in full force and effect and will not be affected thereby . Furthermore, in lieu of such invalid or <br /> unenforceable provision, there shall be added automatically as a part of this Contract a valid and enforceable <br /> provision as similar in terms to such invalid or unenforceable provision as may be reasonably possible . <br /> 11 . 11 Counterparts . If this Contract is executed in counterparts , then all of those counterparts <br /> together constitute one and the same instrument . An executed counterpart delivered by facsimile or e- mail <br /> constitutes an original . <br /> i <br /> i <br /> 11 . 12 Notices . Any notice contemplated by this Contract must be in writing, addressed as set <br /> forth in Section 1 . 1 and shall be either ( a) sent by United States Mail , postage prepaid , registered or certified I <br /> mail , return receipt requested , in which case the notice will be deemed delivered two business days after <br /> being deposited in the United States mail ; ( b) sent by overnight delivery using a nationally recognized <br /> overnight courier, in which case the notice shall be deemed delivered one business day after deposit with <br /> the courier; (c) sent by e-mail , in which case the notice shall be deemed delivered upon confirmed <br /> transmission of such notice ; provided that no later than three business day after the e-mail is sent, a hard <br /> copy of the e- mail transmission is sent in the manner set forth in ( b) or ( d) of this Section; or (d) sent by <br /> personal delivery , in which case the notice will be deemed delivered on the date of delivery . Any notice to <br /> Buyer must also be delivered to Buyer ' s Counsel . Any notice to Seller must also be delivered to Seller ' s <br /> Counsel , if identified in Section 1 . 1 . Any notice to Buyer must also be delivered to Buyer ' s Counsel, if <br /> S <br /> identified in Section 1 . 1 . Buyer ' s counsel may deliver, on behalf of Buyer, any notice contemplated by <br /> this Contract . Seller ' s counsel may deliver, on behalf of Seller, any notice contemplated by this Contract . <br /> Either party may change its address by giving the other party five days advance written notice of that <br /> change . <br /> 3 <br /> 3i <br /> 3 <br /> 14 <br />