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lI <br />(e) This Agreement shall be binding upon and shall inure to the benefit of the <br />parties hereto and their respective beneficiaries, heirs, personal representatives orsuccessors <br />and permitted assigns. <br />(f) As used in this Agreement, the masculine shall include the feminine and neuter, <br />and vice versa; the singular shall include the plural and the plural shall include the singulaz, <br />as the context may require. <br />(g) Neither the waiver by any of the parties hereto of a breach or a default under <br />any of the provisions of this Agreement, nor the failure of any of the parties on one or more <br />occasions, to enforce any of the provisions of this Agreement, or to exercise any right or <br />privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or <br />default of similaz nature, or as a waiver of any such provisions, rights, or privileges <br />hereunder. <br />(h) This Agreement may not be assigned by Buyer without the prior written <br />consent of Seller. <br />(i) 1f any provision herein contained which by its nature and effect is required to be <br />observed, kept or performed after the closing, it shall survive the closing and remain binding <br />upon and for the benefit of the parties hereto until fully observed, kept or performed. <br />11. CLOSING: All parties agree to execute any and all documents and papers <br />necessary in connection with the closing and transfer of title to the Property on or before <br />October 31, 2000 in Durham, North Cazolina ("Closing Date"). <br />12. POSSESSION: Possession of the Property shall be delivered at closing. <br />IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the <br />day and year first above written. <br />BUYER: <br />COUNTY OF ORANGE, NORTH CAROLINA <br />By: <br />ATTEST: <br />JOHN M. LINK, JR., Orange County Manager <br />_ _ _ _ __ BEVERLY A. BLYTHE, Clerk to the (SEAL) <br />Board of Commissioners <br />