AG 2005 08 15 - Laserfiche WebLink

Home Browse Search

(b) Conditional Recordation. There shall be no recordation of this Agreement. However, a short form Memorandum of same may, upon the request or Purchaser, be recorded in the Office of the Register of Deeds for Cabarrus County, North Carolina. (c) Assignment; Parties. This Agreement may be assigned by Purchaser in whole or in part, and any such assignment shall relieve Purcnaser of liability fo; the performance of Purchaser's duties and obligations under this Agreement to the extent of such assignment. This AgJ:eement sha:tl be binding upon and enforceable against, and shall mure to the benefit of, Purchaser andSeller and their respective heirs, legal representatives, successors and assigns. (d) Headinfcs. The use of headings, captions and numbers in this Agre~J?ent.is so~ely. or the convenience .of identifymg and iJ?-dexing the v<l!ious prOVIsIons m this Agreement and shall m no event De conSIdered otherwIse in construing or interpreting any provision in this Agreement. (e) Defined Terms. Capitalized terms used in this Agreement shall have the meanings ascribed to them at the point where first defined, irrespective of where their use occurs, with the same effect as if the definitions of sUCh terms were set forth in full and at length every time such terms are used. (f) Pronouns. Wherever appropriate in this Agreement, personal jJronouns shall be deemed to include the other genders and the singular to include the plural. (g) Severabilil;y. If any term, covenant, condition orprovision of this Agreement, or the application thereof to any person or circumstance, shall ever be held to be invalid or unenforceable, then in each such event the remainder of this Agreement or the application of such term, covenant, condition or provision to any other person or any other circumstance (other than those as to which it shall be invalid or unenforceable) shall not be thereby affected, and each term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest extent permitted by law. (h) Non-Waiver. Failure by any party to complain of any action, non- action or breach of any other party shall not constitute a waiver of any ag~ieved party's rights hereunder. Waiver oy any party of any right arising from any breach of any other party shall not constitute a waiver of any other rignt arising from a subsequent breach of the same obligation or for any other default, past, present or future. (i) Rights Cumulative. All rights, remedies, powers and privileges conferred under this Agreement on the parties shall be cumulative of and~ in addition to, but not restrlCtive of or in lieu of, those conferred by law. (j) Dates. If any date set forth in this Agreement shall fallon, or any time period set forth in this Agreement shall expire on, a day which is a Saturday, Sunday, federal or state holiday, or other ~on:business day,. such ~ate shall automatically be extended to, and the explrati<?n <?f such time penod shall automatically to be extended to, the next day: whIch IS not a Saturday, Sunday, federal or state holiday, or other no~-business a.~y. The final day of any time pe.r~od under this Agreement or: any deadlme uJ?-der thi~ Agreement shall ?e the ~pecifled day or date, and shall merude thepenod of time through and mcludmg such specified day or date. All ref~re~ces to the "Effective Date" Shall ?e dee!lled to refer to the day following the expIration of the last ten (10) day upset bId perlOd when no upset bids have been received pursuant to NCG5 sI60A-Z69. Page 12 of 14 E-tp