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5. The Permanent Easement granted herein shall run with the land, that being <br />Grantee's Property, and shall be binding on and inure to the benefit of the parties hereto <br />and their successors and assigns. <br />6. Miscellaneous. <br />a. No waiver of any provision of this Agreement shall be deemed to imply or <br />constitute a further waiver of that provision or any other provision. Should any provision <br />be declared invalid by a legal authority of competent jurisdiction, the other provisions of <br />this Agreement shall remain in full force and effect. <br />b. Failure of any party hereto to comply with any or all of the terms and <br />conditions of this Agreement shall not, under any circumstances, entitle any other party <br />hereto to terminate this Agreement, or any portion herein, but shall give rise to such other <br />remedies as may be provided in this Agreement or by law or equity. All rights, powers <br />and privileges incurred hereunder shall be cumulative and in addition to and not the <br />exclusion of those provided by law or equity. <br />c. This Agreement shall be governed by and construed in accordance with <br />the laws of the State of North Carolina. <br />[REMAINDER OF PAGE INTENTIONALLY BLANK; <br />SIGNATURE PAGE TO FOLLOW] <br />wCSR 4t24695v1 <br />Attachment number 3 <br />F-3 132 <br />