AG 1998 06 15 - Laserfiche WebLink

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additional non-exclusive easements/rights-of-way thereon to others, if any. (b) Possession. Except as set forth herein, exclusive possession of the Property free and clear of occupancy of all persons, firms or corporations, whether or not under claim of right or color of title, shall be delivered to Buyer, its successors and assigns at closing. 7. Seller's Representations. At the time of closing upon the Option, the matters and things referred to in Paragraph 4 are true and shall have been fully complied with by Seller. 8. Binding Effect and Assignability. The provisions hereof shall inure to the benefit of and be binding upon Seller, Buyer and their respective heirs, successors, administrators and assigns. Buyer may at any time assign its rights and privileges under this Agreement and, if it elects to do so, it shall notify Seller of any such assignment and the identity of the assignee, who shall by acceptance of the assignment assume and agree to perform (and shall be responsible for the performance of) all Buyer obligations and undertakings hereunder, with the same effect and to the same extent as though the assignee were the originally designated Buyer hereunder. When consistent with the context of this Agreement, all references to "Buyer" shall be construed to include and refer to Buyer's successors and assigns. - 9. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of North Carolina. 10. Amendments. This Agreement constitutes the sole and entire agreement of Seller and Buyer and may not be altered or amended except by the separate written consent of both Seller and Buyer. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. 11. Headings. The headings in this Agreement are inserted for convenience and identification only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any of the provisions hereof. 12. Waiver and Severability. Any condition or provision herein for the benefit of either party may be waived in writing by such party, prospectively or retroactively, without impairing the enforceability of any other term, condition or provision hereof. Each provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity or enforceability of the remainder of this Agreement.