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9 <br />that there are no governmental restrictions, easements, zoning or <br />other governmental regulations which would prevent the reasonable <br />use of the Property for government facilities and office <br />buildings; parks, public and non-profit; botanical gardens and <br />arboretums; water and sanitary sewer pumping stations; or <br />research lands and installations owned by non-profit entities. <br />Duke University, upon request of Orange County, will assist in <br />the removal of any such impediments to use discovered hereafter. <br />8. In the event <br />herein set forth, upon <br />preparation of a deed, <br />documents necessary to <br />liens and encumbrances <br />Orange County shall pa: <br />--~ Property if it deems a <br />that Orange County exercises the option <br />closing, Duke University shall pay for the <br />for the preparation and recording of all <br />convey marketable fee simple title free of <br />and for the excise tax required by law.. <br />for recording the deed, survey of the <br />survey necessary and .for all other closing <br />costs. Duke University agrees to furnish at closing an affidavit <br />and indemnification agreement in form satisfactory to Orange <br />County showing that all labor and materials, if any, furnished to <br />the Property within. a 120 day period. prior to the date of closing <br />have been paid for and agreeing to indemnify Orange County <br />against any and all loss resulting from any cause or claim <br />arising therefrom. <br />9. The special warranty deed of the Property to be <br />executed by Duke University is to be made to Orange County, North <br />Carolina. Possession of the Property shall be delivered at <br />closing.. <br />5 <br />