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13. Miscellaneous Provisions. (a) Binding Effect. This Agreement and all covenants, terms, conditions, warrant[es, and undertakings contained herein, and all amendments, modifications and extensions hereof, as applicable, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns. (b) Survival of Terms. The provisions of this Agreement shall survive the execution and delivery of the Deed and shall not be merged into such instrument. (c) Final Agreement. This Agreement contains the final and entire agreement between the parties, and they shall not be bound by any terms, conditions; statements, warranties or representations, oral or written, not herein contained. (d) Amendment. This Agreement shall not be modified except by instrument in writing executed by the parties hereto. (e) Seller's Remedy. In the event of default by Purchaser, as Seller's sole remedy, at law or equity or under this Agreement, Escrow Agent shall deliver to Seller the Escrow Deposit, together with all interest earned thereon as liquidated damages, the parties agreeing that actual damages to Seller would be difficult, if not impossible, to ascertain. (f) Purchaser's Remedy. In the event of default by Seller, Purchaser shall have the right to seek specific performance of this Agreement, or Purchaser may pursue any other remedies available to it at law or equity under this Agreement. (g) Notices. All notices, demands and request which may be given or which are required to be given by either party to the other must be in writing. All notices, demands and requests by Purchaser or Seller shall be sent by certified mail, return receipt requested, postage prepaid and addressed as follows, or to such other address as a party may specify by duly given notice: IF TO SELLER: CABARRUS COUNTY BOARD OF EDUCATION P.O. BOX 388 CONCORD, NC 28025 IFTO PURCHASER: BOULEVARD EAST. LLC 320 SOUTH TRYON STREET SUITE 202 CHARLOTTE, NORTH 28202 Notices, demands and requests, if mailed in the manner aforesaid (unless otherwise specifically provided herein), will be deemed received for all purposes hereunder three (3) days after the date such notice or demand of request is so mailed, whether or not actually received.